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JOURNAL 


of  the;  :  .'r:  »\?  ; 


CONVENTION 


OF  THE  STATE  OF  MISSISSIPPI 


ASS 


THE  ACT    CALLING  THE  SAMS; 


WITH  TBI 


CONSTITUTION  OF  THE  UNITED  STATES, 


AND 


WASHIX&TOX'S  FAREWELL  OIUM. 


PUBLISHED    BY   ORDSR  OT  THS  COXYHSTIOX. 


JACKSON! 

TK9XAI  PALMER.  CO^TEXTIC^ 


JOURNAL  OF  THE  CONTENTION 

OP  THE 

STATE   OF  MISSISSIPPI. 


Convened  at  the  Capitol,  in  the  City  of  Jackson,  on  Monday,  tlte 
10th  day  of  November,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-one,  and  of  the  Independence  of  the  United 
States  of  America  the  seventy -sixth,  in  pursuance  of  "  an  act  "  of 
the  Legislature  of  said.  State,  entitl-d"  An  Act  to  provide  for  a. 
Convention  of  the  People  of  the  State  of  Mississippi,^  approved 
November  30th.  1S501 


MONDAY,  Np.TE^BER  10th,  1S51. 

At  twelve  o'clock,  M,  Stephen  Adams,  a  delegate  elect  from 
the  county  of  Monroe,  called  the  Convention  to  order,  and 

On  his  motion,  William  A.  Lake,  a  delegate  elect  from  the  coun- 
ty of  Warren,  was  called  to  the  chair. 

On  motion  of  James  Alexander  Ventress,  of  Wilkinson,  Flsm- 
ins:L.  Swarm  was  appointed  Secretary,  pro  tern. 

On  motion  of  Mr.  Cobb,  of  Lowndes,  the  Secretary  was  reques- 
ted to  call  the  roll  of  Delegates,  by  counties. 

Whereupon  the  roll  being  called,  and  a  quorum  appearing. 

On  motion  of  Mr.  Johnston,  of  Hinds,  the  Convention  proceeded 
to  the  election  of  a  President,  under  the  direction  of  Mi%  Haie  and 
Mr.  Adams,  as  tellers. 

Mr.  Scruggs,  of  Marshall,  placed  in  nomination  Mr.  Cornelius 
Carmack,  of  the  county  of  Tishomingo. 

Mr.  Johnson,  of  Warren,  proposed  the  name  of  William  A. 
Lake,  of  Warren. 

Mr.  Jones,  of  Franklin,  nominated  James  A.  Ventress. 

Mr.  Adams,  nominated  William  L.  Sharkey,  of  Hinds. 

Mr.  Robertson,  of  De  Soto,  nominated  J.  W.  C.  Watsoni  of 
Marshall. 

Mr.  Hurst,  of  Amite,  nominated  Patrick  Henry,  of  Madison. 
Messrs.  Sharkey,  Watson,  Ventress  and  Henry,  haying  declined, 


the  Convention  proceeded  to  the  election,  by  ballot,  and  the  tellers 
reported  the  following  as  the  result : 

For  Cornelius  Carmack  61  votes;  William  A.  Lake  11,  do.; 
Wiley  P.  Harris  2,  do.;  William  R.  Cannon  11,  do.;  William  L.' 
Sharkey  1,  do.;  Stephen  Adams  2,  do.;  James  Alexander  Ventress 
1,  do. 

Mr.  Cornelius  Carmack  having  received  a  majority  of  all  the 
votes, 

It  was  announced  by  the  Chairman  that  he  was  duly  elected;  and 
having  been  conducted  to  the  chair  by  Messrs  Lake  and  Adams, 
he  addressed  the  Convention  as  follows  : 

Gentlemen  of  the  Convention  : 

Be  pleased  gentlemen,  to  accept  my  most  grateful 
acknowledgments  for  the  rich  tribute  of  respect,  just  paid  by  you, 
to  the  patriotic  citizens  of  the  county  which  I  have  the  honor  in 
part  to  represent,  and  be  assured,  that  I  hazard  nothing  when  I  say 
to  you,  that  your  generosity  will  be  duly  appreciated  by  them,  the 
more  especially  when  they  take  into  consideration,  the  evident 
feet,  that  your  liberality  is  manifested  through  the  promotion  of  ths 
most  humble  individual  of  their  delegation. 

I  have  not  a  sufficient  stock  of  vanity,  to  persuade  myself,  that 
I  shall  be  competent  upon  all  occasions,  to  discharge  the  duties  of 
the  dignified  station  to  which  1  have  been  called  by  your  partial- 
ity in  strict  conformity  to  the  most  approved  parliamentary  usa- 
ges, but,  I  promise  you  that  I  will  discharge  those  duties,  to  the 
utmost  of  my  very  humble  capacity,  without  favor  to  either  person 
or  party. 

My  conviction  of  your  intelligence,  renders  it  unnecessary  that 
I  should  ofTer  a  single  suggestion  in  relation  to  the  propriety  and 
importance  of  calmly,  dispassionately  and  deliberately  investigating 
the  grave  subject  or  subjects  which  may  demand  the  attention  of 
the  Convention,  with  an  eye  single  to  the  advancement  of  the  in- 
terests of  the  State  of  Mississippi,  and  to  the  good  of  our  common 
— our  whole  country. 

On  motion  of  Mr.  Ventress, 

The  Convention  proceeded  to  the  election  of  a  Secretary. 
Mr.  Sharkey  nominated  Fleming  L.  Swann,  of  Hinds  county,, 
and 

No  other  person  having  been  put  in  nomination,  Mr.  Ashe  moved 
that  he  be  elected  by  acclamation,  which  was  decided  in  the  affir- 
mative. 

On  motion  of  Mr.  Johnson,  of  Warren,  the  vote  was  reconsid- 
ered, and  the  Convention  proceeded  to  the  election,  by  ballot,  under 
the  direction  of  the  same  tellers. 

Upon  counting  the  ballots,  it  appeared  that  Fleming  L.  Swann 
had  received  78  votes  ;  and  that  Mr.  Russell  had  received  8  votes. 


Mr.  Swarm  having  received  a  majority  of  the  votes,  was  declared 
by  the  President,  duly  elected  Secretary  of  the  convention. 
On  motion  of  Mr.  Clark, 

Resolved,  That  the  Secretary  be  authorised  to  appoint  such  num- 
ber of  Clerks  as  the  President  of  the  Convention  may  deem  neces- 
sary. 

On  motion  of  Mr.  Johnson,  of  Warren,  the  several  Reporters 
for  newspapers  present,  were  permitted  to  seats  within  the  Bar  of 
the  House. 

On  motion  of  Mr.  Adams,  the  Convention  proceeded  to  the 
election  of  a  Doorkeeper,  viva  twee. 

Mr.  Ventress  nominated  C.  M.  Waldron,  and  the  vote  being 
taken,  he  was  declared  duly  elected. 

On  motion  of  Mr.  Johnston,  of  Hinds, 

Resolved,  That  this  Convention  proceed  to  the  election  of  a  Ser- 
geant-at-arms,  viva  voce. 

Mr.  Johnston,  of  Hinds,  nominated  D.  M.  Wilkinson,  and  no 
other  person  being  proposed,  the  vote  was  taken  and  resulted  as 
follows :  forD.  M.  Wilkinson  7S  votes  ;  Mr.  Craft  8  do. 

Mr.  Wilkinson  having  received  a  majority  of  all  the  votes,  was 
declared  elected  Sergeant-at-Arms. 

On  motion  of  Mr.  Collins, 

Resolved,  That  the  rules  adopted  by  the  Lower  Branch  of  the 
State  Legislature,  for  the  government  of  that  body,  be,  and  are 
hereby  adopted,  so  far  as  the  same  are  applicable  to  govern  the  pro- 
ceedings of  this  Convention. 

On  motion  of  Mr.  Lake,  the  Convention  proceeded  to  the  elec- 
tion of  a  Printer,  viva  voce. 

Mr.  Johnston,  of  Hinds,  proposed  the  name  of  Thomas  Palmer, 
and  there  being  no  other  nomination  made,  the  vote  was  taken  and 
resulted  as  follows : 

Those  who  voted  for  Tho's  Palmer  were,  Mr.  President,  Messrs 
Adams,  Ashe,  Banks,  Barksdale,  Billups,  Butler,  Boatner,  Bailey, 
Burrus,  Champlin,  Clark,  Cobb,  Collins,  Cole,  Duncan  of  Ita- 
wamba, Duncan  of  Lafayette,  Duncan  of  Tishomingo,  Dabney, 
Davis,  Evans  of  Chickasaw,  Evans  of  Lauderdale,  Easterling, 
Edwards,  Fox,  Foote,  Griffin,  Gwin,  Garner,  Golladay,  Hurst, 
Huff,  Hemingway,  Hart,  Huie,  Hale,  Henry,  Holmes,  James, 
Johnston  of  Hinds,  Johnson  of  Warren,  Jones  of  Madison,  Jones 
of  Pontotoc,  Jones  of  Tippah,  Kinyon,  Lowry,  Lake,  Montgom- 
ery, Myers,  Muse,  McMurran,  McLeod,  McAllum,  McDonald, 
McDowell,  Niles,  Purdom,  Phillips,  Powe,  Robertson,  Rankin, 
Sawyer,  Scruggs,  Sharkey,  Snedecor,  Stovall,  Sullivan,  Yeazie, 
Tick,  Vaughan,  Ventress,  Watson  of  Marshall,  Watson  of  De  So- 
to, Wells,  Williams,  Wilson  of  Claiborne  and  Wilson  of  PontotoG 
—77. 

Those  who  voted  for  Messrs  J.  G.  &  J.  B.  Morey  were,  Messrs 
Cherry  and  Jones  of  Franklin — 2. 


L107788 


6 


Those  who  voted  for  Messrs  Barksdale  &  Jones  were,  Messrs 
Cannon,  Connelly,  Miller  and  Scales — 4. 

Mr.  Palmer  having  received  a  majority  of  all  the  votes,  was  de- 
clared by  the  President,  duly  elected. 

Mr.  Duncan,  of  Tishomingo,  submitted  the  following  resolution, 
which  was  adopted : 

"  Resolved,  That,  this  Convention  do  now  proceed  to  elect  a 
Committee  to  consist  of  Thirteen  members,  three  from  each  Con- 
gressional District,  and  one  for  the  State  at  large  as  chairman  of  the 
same,  to  consider  and  report  resolutions  or  preamble  and  resolutions 
for  the  consideration  of  this  Convention." 

On  motion  of  Mr.  Adams,  the  Convention  adjourned  until  3 
o'clock^  P.  M. 

3  o'clock  p.  m. 

The  Convention  met  pursuant  to  adjournment. 

Mr.  Cobb  offered  the  following  resolution  : 

Resolved,  That,  in  order  duly  to  organise  this  Convention, 
the  Secretary  be  directed  to  call,  alphabetically,  the  names  of  Mem- 
bers elect  from  each  county  of  the  State, who  at  the  same  time,  shall 
present  their  certificates  of  election  according  to  law,  and  make  oath 
or  affirmation  to  support  the  Constitution  of  the  United  States. 

But,  before  the  question  was  taken,  Mr.  Clark  offered  the  fol- 
lowing amendment : 

Amend  by  striking  out  all  after  the  word  resolved,  so  as  to  read, 

"That  a  Committee  on  Elections,  to  consist  of  five  members,  be 
appointed,  and  that  the  Delegates  present  to  the  Chairman  of  said 
Committee,  their  Credentials  of  Election. " 

Which  was  los  t. 

The  question  was  then  taken  on  the  adoption  of  the  resolution 
offf-red  by  Mr.  Cobb,  and  decided  in  the  affirmative. 

Whereupon,  the  roll  being  called,  the  following  gentlemen  pre- 
sented their  credentials  and  took  the  oath  proposed  in  the  resolu- 
tion, to-wit : 

From  the  county  of  Adams,  John  T.  McMurran  and  James  H. 
Veazie. 

Amite,  David  W.  Hurst  and  W.  L.  Huff. 
Attala,  Samuel  N;  Gilliland  and  J  ason  Niles. 
Bolivar,  Wm.  Vick. 

Carroll,  Collins  F.  Hemingway,  Samuel  Hart  and  Isaac  Sulli- 
van. 

Chickasaw,  J.  T.  Griffin  and  T.  S.  Evans. 
Choctaw,  George  Huie  and  Thomas  Fox. 
Claiborne,  William  S.  Wilson. 
Copiah,  Robert  Miller  and  Frank  Sturges. 
Clark,  Allen  McLendon. 

De  Soto,  J.  C.  N".  Robertson,  J.  J-  Williams  and  Samuel  Watsoss. 


T 


From  the  county  of  Franklin,  James  N.  Jones. 
Green,  Norman  McLeod. 
Hancock,  Robert  Mongomery. 

Hinds.  \V.  L.  Sharkey,  Amos  R.  Johnston  and  G.  G.  Banks, 
Holmes,  Wilson  A.  Purdom  and  James  M.  Gwin. 
Harrison,  William  A.  Champlin. 

Itawamba,.  George  W.  Stovall,  John  F.  Duncan  and  Drury 
Sawyer. 

Issaquena,  William  T.  Lowry. 
Jasper,  William  P.  Cherry. 
Jefferson,  Charles  Clark. 
Jones,  John  Easterling. 

Kemper,  William  R.  Vaughan  and  Duncan  P.  McAUum, 
Lafayette,  Isaac  A.  Duncan  and  William  Hale, 
Leake,  David  S.  McDonald. 

Lauderdale,  Sylvanus  Evans  and  William  L.  Cole. 
Lawrence,  Wiley  P.  Harris. 

Lowndes,  Joseph  B.  Cobb,  William  Barksdale  and  Thomas  C. 
Billups. 

Madison,  Patrick  Henry  and  Montfort  Jones, 
Marion,  William  J.  Rankin. 

Marshall,  John  W.  C.  Watson,  Phineas  T.  Scruggs  and  Richard 
Phillips. 

Monroe,  Stephen  Adams  and  James  A.  Butler, 
Neshoba,  James  L.  Backstrom. 
Newton,  John  H.  Wells, 

Noxubee,  George  H.  Foote  and  Anderson  W.  Dabney. 
Octibbeha,  William  R.  Cannon. 
Perry,  P.  J.  Myers. 
Pike,  Thomas  J.  Connelly. 

Pontotoc,  Jefferson  Wilson,  James  C.  Jones  and  Benjamin  S, 
Edwards. 

Rankin,  Joseph  McDowell. 
Scott,  Seaborn  J.  Smith. 
Simpson.  Henry  Sturges. 
Smith,  Samuel  Keown. 
Sunflower,  W.  N.  Scales. 
Tallahatchie,  James  S.  Bailey. 

Tippah,  Orlando  Davis,  Benjamin  Collins,  John  Boatner  and 
Stephen B,  Jones. 

Tishomingo,  William  L.  Duncan,  William  H,  Muse,  Benjamin 
N,  Kinyon  and  Cornelius  Carmack. 

Warren,  William  A.  Lake  and  William  H.  Johnson. 

Wayne,  Samuel  H.  Powe. 

Wilkinson,  James  Alexander  Ventress. 

W7inston,  George  G.  Snedecor  and  John  C.  Holmes, 

Yalobusha,  John  B.  Ashe,  Samuel  R.  Garner  and  R.  H.  Golladay. 

Yazoo,  Phillip  J.  Burrus  and  Daniel  A.  James. 


L107788 


s 


Mr.  McDowell  then  offered  the  following  resolution,  to-wit  r 

Resolved,  That,  this  Convention  do  now  adjourn  sine  die. 

And  the  question  being  taken  thereon,  by  yeas  and  nays,  it  was 
decided  in  the  negative,  as  follows  : 

Those  who  voted  in  the  affirmative  were,  Messrs.  Backstrom, 
Cherry,  Cannon,  Connelly,  Cole,  Easterling,  Gilliland,  Hurst, 
Harris,  Jones  of  Madison,  Keown,  McLendon,  McLeod,  McAllum, 
McDowell,  Niles,  Purdom,  Scales,  Smith,  Sturges  of  Simpson, 
Vaughan  and  Wells — 22.\  ^| 

Those  who  voted  in  the  negative  were,  Mr.  President,  Messrs. 
Adams,  Ashe,  Banks,  Barksdale,  Billups,  Butler,  Boatner,  Bailey, 
Burrus,  Champlin,  Clark,  Cobb,  Collins,  Duncan  of  Itawamba, 
Duncan  of  Lafayette,  Duncan  of  Tishomingo,  Dabney,  Davis, 
Evans  of  Lauderdale,  Evans  of  Chickasaw,  Edwards,  Fox,  Foote, 
Griffin,  Gwin,  Garner,  Golladay,  Huff,  Hemingway,  Hart,  Huie, 
Hale,  Henry,  Holmes,  James,  Johnston  of  Hinds,  Johnson  of 
Warren,  Jones  of  Franklin,  Jones  of  Pontotoc,  Jones  of  Tippah, 
Kinyon,  Lowry,  Lake,  Miller,  Montgomery,  Myers,  Muse,  Mc- 
Murran,  McDonald,  Phillips,  Powe,  Robertson,  Rankin,  Sawyer, 
Scruggs,  Sharkey,  Snedecor,  Stovall,  Sturges  of  Copiah,  Sullivan, 
Veazie,  Vick,  Ventress,  Watson  of  Marshall,  Watson  of  De  Soto, 
Williams,  Wilson  of  Claiborne  and  Wilson  of  Pontotoc — '70. 

On  motion  of  Mr.  Johnson,  of  Warren,  the  Convention  adjourn- 
ed until  10  o'clock  to-morrow  morning. 


TUESDAY,  November  11,  1851. 

The  Convention  met  pursuant  to  adjournment,  and  its  delibera- 
tions opened  with  prayer  by  the  Rev.  Mr.  Walker,  of  Jackson. 

Mr.  Caruthers,  the  delegate  elect  from  the  county  of  Tunica, 
presented  his  credentials,  was  qualified  and  took  his  seat. 

On  motion  of  Mr.  Phillips, 

Resolved,  That  the  President  of  the  Convention,  be  requested  to 
inform  the  Ministers  of  the  different  religious  denominations  of 
this  place,  that  it  would  be  highly  acceptable  to  the  members  of 
this  Convention,  to  have  one  of  them  each  day,  to  open  our  pro- 
ceedings with  prayer. 

On  motion  of  Mr.  Adams,  the  Convention  proceeded  to  the  elec- 
tion of  a  chairman  of  the  Committee  of  Thirteen,  pursuant  to  the 
resolution  previously  adopted. 

Mr.  Adams  placed  in  nomination  J.  A.  Ventress,  of  Wilkinson 
county. 

There  being  no  other  nomination,  on  motion  of  Mr.  Johnson, 
of  Warren,  Mr.  Ventress  was  declared  elected  by  acclamation. 
On  motion  of  Mr.  Adams,  the  Convention  took  a  recess  of  one 

bour. 


9 


The  recess  having  expired,  the  Convention  resumed  its  session. 
Owing  to  indisposition,  Mr.  Caruthers  was  granted  leave  of 
absence. 

On  motion  of  Mr.  Adams,  the  Convention  proceeded  to  the  elec- 
tion of  the  Committee  of  Thirteen. 

Mr.  Duncan,  of  Tishmoingo,  for  the  first  district,  nominated 
Messrs.  Davis  of  Tippah,  Wilson  of  Pontotoc  and  Watson  of 
Marshall. 

Mr.  Huie,  for  the  second  district,  nominated  Messrs.  Heming- 
way of  Carroll,  Cobb  of  Lowndes  and  Cannon  of  Oktibbeha. 

Mr.  McDowell,  for  the  third  district,  nominated  Messrs.  Wm, 
L.  Sharkey  of  Hinds,  Samuel  L.  Gilliland  of  Attala  and  Wm.  H. 
Johnson  of  Warren. 

Mr.  Wilson,  of  Claiborne,  for  the  fourth  district,  nominated 
Messrs.  McMurran  of  Adams,  Harris  of  Lawrence  and  Champlia 
of  Harrison. 

On  motion  of  Mr.  Adams,  the  several  nominees  were  elected  by 
acclamation  unanimously. 
On  motion  of  Mr.  Huie, 

Resolved,  That,  the  committee  of  thirteen,  be  requested  to  re- 
port to  this  Convention  at  the  earliest  possible  period. 

Mr.  Dabney  offered  the  following  resolution,  to-wit : 

Resolved,  That,  all  resolutions,  memorials  and  petitions,  that 
any  delegate  may  desire  to  present,  be  offered  in  Convention,  and 
referred  to  the  committee  of  thirteen. 

Pending  the  question  on  said  resolution,  Mr.  Hurst  moved  that 
the  Convention  adjourn  until  12  o'clock  to-morrow,  which  motion 
did  not  prevail. 

On  motion  of  Mr.  Johnson,  of  Warren,  the  Convention  adjourn- 
ed until  10  o'clock  to-morrow  morning. 

WEDNESDAY,  November  12th,  1851. 

The  Convention  met  pursuant  to  adjournment,  and  its  delibera- 
tions opened  with  prayer  by  the  Reverend  Meyer  Lewin,  of  the 
Episcopal  Church,  of  this  city. 

On  motion,  leave  was  granted  to  the  Committee  of  Thirteen  to 
retire  and  deliberate,  and  on  motion  of  Mr.  Davis,  the  Committee 
was  authorised  to  employ  a  Clerk. 

The  question  then  recurred  on  the  resolution  of  Mr.  Dabney, 
pending  the  adjournment  on  yesterday. 

Which,  on  motion  of  Mr.  Scruggs,  was  laid  on  the  table. 

Mr.  Garner  offered  the  following  resolution, 

Resolved^  That  the  Committee'of  Thirteen  be  instructed  to  re- 
port to  this  Convention,  the  platform  adopted  by  the  Union  party  of 


10 


this  State  on  the  18th  day  of  November  JS50,  and  recommend  its 
passage. 

Which  was  on  motion  of  Mr.  Hurst,  laid  on  the  table. 
Mr.  Foote,  offered  the  following  preamble  and  resolutions,  to-wit: 
Whereas j  By  the  recent  election  in  South  Carolina  for  Delegates 
to  a  Southern  Congress,  a  decided  majority  of  the  citizens  of  that 
State  have  manifested  feelings  and  principles  of  loyalty  to  the  Fed- 
eral Union — and  whereas,  said  State  has  already  elected  to  its 
State  Convention,  a  majority  of  members  who  are  in  favor  of  se- 
cession, either  jointly,  with  other  States  of  the  South,  or  separately; 
and 

Whereas,  This  Convention,  representing  the  will  of  the 
sovereign  people  of  the  State  of  Mississippi,  having  assembled 
to  register  their  feelings  of  loyalty  and  devotion  to  the  Union  of 
their  fathers,  which  a  majority  of  the  citizens  of  this  State  feel 
and  entertain,  and  also,  to  contribute  all  it  can  to  disseminate  a  love 
and  devotion  to  the  Federal  Union  : 

Therefore,  be  it  resolved  by  this  Convention,  That  two  Delegates 
be  immediately  elected  by  ballot,  whose  duty  it  shall  be  to  proceed 
to  the  State  of  South  Carolina,  and  in  such  manner  as  they  may 
think  proper,  represent  to  the  authorities  of  said  State,  the  wish 
and  desire  of  the  State  of  Mississippi,  that  South  Carolina  should 
acquiesce  in  the  recent  compromise  or  adjustment  measures,  and 
remain  as  she  has  heretofore,  and  now  is,  a  member  of  this  Union. 

Resolved,  That  said  Delegates  shall  be  entitled  to  the  same  mile- 
age and  per  diem  as  the  members  of  the  House  of  Representatives. 

Which  was,  on  motion  of  Mr.  Phillips,  laid  on  the  table — by 
yeas  and  nays,  as  follows  : 

Those  who  voted  in  the  affirmative  were,  Messrs.  Ashe,  Butler, 
Backstrom,  Boatner,  Bailey,  Burrus,  Cherry,  Connelly,  Duncan  of 
Itawamba,  Duncan  of  Lafayette,  Duncan  of  Tishomingo,  Evans 
of  Chickasaw,  Easterling,  Edwards,  Fox,  Foote,  Griffin,  Gwin, 
Garner,  Golladay,  Huff,  Hart,  Huie,  Hale,  Henry,  Johnston  of 
Hinds,  Jones  of  Madison,  Jones  of  Pontotoc,  Keown,  Miller, 
Montgomery,  Muse,  McLendon,  McLeod,  McAllum,  McDonald, 
McDowell,  Purdom,  Phillips,  Powe,  Rankin,  Sawyer,  Scales, 
Smith,  Stovall,  Sturges  of  Copiah,  Sturges  of  Simpson,  Sullivan, 
Vaughan,  Wells — yeas  50. 

Those  who  voted  in  the  negative  were,  Mr.  President,  Messrs. 
Adams,  Barksdale,  Billups,  Clark,  Collins,  Cole,  Dabney,  Hurst, 
Holmes,  James.Jones  of  Franklin,  Jones  of  Tippah,  Kinyon,  Low- 
ry,  Lake,  Myers,  Niles,  Robertson,  Scruggs,  Snedecor,  Veazie, 
Tick,  Williams  and  Wilson  of  Claiborne — nays  25. 

Mr.  Sturges  of  Simpson  moved  that  the  Convention  adjourn 
until  3  o'clock,  which  was  lost. 

Mr.  Kinyon  offered  the  following  preamble  and  resolutions, 
to-wit : 

Whereas,  by  the  election  of  delegates  by  the  people  of  this  State,, 


11 


in  the  several  counties  of  the  same,  on  the  1st  Monday  and  day 
following  in  September  1851,  to  meet  in  Convention  on  the  2d 
Monday  of  November  of  the  same  year,  to  take  into  consideration 
the  then  existing  relations  between  this  State  and  the  people  of  the 
same  and  the  government  of  the  United  States,  and  people  of 
the  different  States,  in  view  of  the  "  adjustment  measures  "  or 
"  compromises  "  upon  the  slavery  and  territorial  questions  of  the 
31st  Congress,  it  is  manifest  that  the  people  of  the  said  State  of 
Mississippi  have  expressed  their  willingness  and  disposition  to  ac- 
quiesce in  said  "  adjustment  measures  "  or  "  compromises,"  as  a 
final  settlement  of  the  sectional  question  of  slavery,  and  the  prin- 
ciples in  relation  to  the  territories  (though  not  entirely  satisfied 
with  all  and  every  portion  of  said  "  adjustment  measures  "  or 
"  compromises  ;")  and  whereas,  it  is  the  opinion  of  this  Conven- 
tion, that  no  serious  change  for  the  worse  at  least,  has  occurred 
since  said  election,  by  the  people,  in  our  Federal  relations,  as  be- 
tween the  government,  and  people  of  this  State  and  the  government 
of  the  United  States  and  the  people  and  government  of  the  differ- 
ent States. — This  Convention  assembled  in  order  to  let  the  position 
of  this  State  be  distinctly  understood  by  the  government  of  the 
United  States  and  the  people  and  government  of  the  different  States 
of  this  Union,  by  virtue  of  their  election  aforesaid. 

Resolved,  1st,  That  the  people  of  the  State  of  Mississippi,  have 
manifested  and  entertain  the  most  profound  attachment  for  the 
Union  of  the  States  under  and  according  to  the  Constitution  of  the 
United  States,  and  amendments  thereto,  and  will  faithfully  main- 
tain and  support  the  same,  so  long  as  the  government  of  the  United 
States  shall  be  administered  in  accordance  wTith  said  Constitution 
and  amendments  thereto,  and  the  same  shall  be  regarded  and  con- 
formed to  by  the  people  and  government  oi  the  several  States  of 
this  Union. 

Resolved,  2ndiy,  That  the  people  of  this  State  by  the  election 
aforesaid,  have  expressed  their  willingness  and  manifested  their 
disposition  to  acquiesce  in  the  u  adjustment  measures"  or  com- 
promise of  the  31st  Congress  as  a  final  settlement  of  the  sectional 
question  of  slavery,  and  the  principles  as  regards  the  territories  of 
the  United  States,  so  long  as  the  same  are  duly  and  fully  observed, 
continued  and  executed,  according  to  the  true  intent  and  meaning 
of  the  same,  and  each  and  every  of  the  same. 

Resolved,  3rc%,  That  upon  the  due  observance  and  faithful 
maintenance  of  the  Constitution  of  the  United  States  and  amend- 
ments thereto,  by  the  government  of  the  same  and  the  people  and 
governments  of  the  several  States,  and  the  Laws  made  in  pursuance 
thereof,  depends  the  perpetuation  of  the  Union  of  the  States  and 
all  the  blessings  resulting  or  to  result  therefrom. 

Which  was,  on  motion  of  Mr.  Snedecor,  referred  to  the  Com- 
mittee of  Thirteen. 


12 


Mr.  Clark  offered  the  following  resolution,  and  on  his  motioa 
referred  to  the  same  committee : 

Resolved,  That  the  State  of  Mississippi,  in  the  judgment  of  this 
Convention,  will  oppose  by  all  Constitutional  means,  and  in  con- 
junction with  the  other  Southern  States,  will  and  ought  to  re- 
sist, even  as  a  last  resort,  to  a  disruption  of  every  tie  which 
binds  her  to  the  Union,  any  action  of  Congress  upon  the  subject 
of  slavery  in  the  District  of  Columbia,  or  in  places  subject  to  the 
jurisdiction  of  Congress,  incompatible  with  the  safety,  domestic 
tranquillity,  the  rights,  and  honor  of  the  slave  holding  States  ;  or 
any  act  suppressing  the  slave  trade  between  the  slave  holding 
Sfates,or  any  refusal  to  admit  as  a  State  any  territory  hereafter  ap- 
plying, because  of  the  existence  of  slavery  therein,  or  any  act  pro- 
hibiting the  introduction  of  slaves  into  the  territories  of  Utah  and 
New  Mexico,  or  any  act  repealing  the  laws  now  in  force  for  the 
recovery  of  fugitive  slaves. 

Mr.  Scruggs,  offered  the  following  resolutions,  which  were  also 
referred  to  the  Committee  of  Thirteen. 

Resolved,  That  the  voluntary  associations  of  our  fellow-citizens 
of  the  non-slave  holding  States,  for  the  purpose  of  agitating  the 
subject  of  domestic  slavery,  or  of  enlisting  either  the  State  or 
Federal  Legislature  against  it,  is,  in  the  judgment  of  this  Conven- 
tion, fraught  with  imminent  danger  to  the  stability  of  the  Govern- 
ment, and  if  persisted  in,  will,  in  the  opinion  of  this  Convention, 
result,  at  no  distant  day,  in  the  most  serious  consequences. 

Resolved,  That,  in  view  of  the  unanimity  and  promptness  with 
which  the  slave  holding  States  have  acted,  in  support  of  the  late 
acts  of  Congress,  known  as  the  "  adjustment  or  compromise  meas- 
ures," it  is  in  the  opinion  of  this  Convention,  the  duty  of  the  non- 
slave-holding  States,  if  they  intend  to  preserve  the  union  of  these 
States,  and  keep  faith  with  the  slave  holding  States,  to  do  the  same 
thing  *  and  that  we  cannot  regard  their  failure  to  do  so,  otherwise 
than  as  an  omen  of  evil. 

The  following  resolution  submitted  by  Mr.  Veazie,  was  also  re- 
ferred to  the  same  Committee : 

Resolved,  That  the  asserted  right,  on  the  part  of  a  State,  peace- 
ably to  withdraw  from  the  Union,  without  denial  or  obstructioa 
from  any  quarter  whatever,  is  utterly  unsanctioned  by  the  Federal 
Constitution,  and  that  no  secession  can  in  fact  take  place  without  a 
subversion  of  the  Union  established,  and  which  will  not  virtually 
amount  in  its  effects  and  consequences  to  a  civil  revolution. 

On  motion  of  Mr.  Foote,  the  vote  was  reconsidered,  laying  his 
preamble  and  resolutions  on  the  table. 

And  on  his  further  motion,  the  preamble  and  resolutions  were 
referred  to  the  Committee  of  Thirteen. 

Mr.  Alcorn,  the  delegate  elect  from  the  county  of  Coahoma  ap- 
peared, was  qualified  and  took  his  seat. 

Mr.  McDowell  offered  the  following  resolution,  to-wit: 


13 


Resolved,  That  upon  the  subject  of  resistance  or  submission  to 
law,  it  is  not  the  province  of  this  Stale  to  attempt  to  influence  the 
policy  of  any  other  State  in  our  Union.  We  live  under  a  govern- 
ment having  power  to  sustain  itself,  and  to  enforce  its  laws, — ana 
it  is  the  imperative  duty  of  all  to  submit,  (until  submission  be- 
comes a  greater  evil  than  resistance,)  not  to  influence  or  persuasion^ 
but  to  law. 

Which  was  referred  to  the  Committee  of  Thirteen. 
On  motion  of  Mr.  Scruggs,  the  Convention  adjourned  until  % 
o'clock,  p.  m. 

3  o'clock,  ?.  m. 

The  Convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Burruss, 

Resolved^  That  the  Committee  of  Thirteen  be  authorised  and 
requested  to  have  printed  for  the  use  of  the  Committee,  their  re- 
port, and  such  resolutions  as  they  may  recommend  for  adoption. 

Mr.  Veazie  moved  that  the  Convention  adjourn  until  10  o'clock 
on  to-morrow  morning.    Which  was  lost. 

Mr.  Lowry  moved  that  the  Convention  adjourn  until  1 1  o'clock 
to-morrow.    Which  was  lost. 

Mr.  Muse  offered  the  following  preamble  and  resolutions,  to-wit; 

Wliereas,  The  State  of  Georgia,  one  of  the  original  thirteen, 
whose  Delegates  in  Convention  formed  our  Federal  Constitution, 
having  recently  passed  through  an  ordeal  analagous  to  that  through 
which  we  are  now  passing,  is  entitled  to  due  regard  and  a  favora- 
ble consideration,  by  this  Convention  ;  and 

Whereas,  The  resolutions  passed  by  the  Convention  of  the  Stats 
of  Georgia,  have,  in  the  main,  been  recognised  by  the  unionists  of 
every  State  in  the  Union;  every  propriety  indicates  that  this  Con- 
vention should  adopt  resolutions  substantially  the  same,  of  thoss 
adopted  by  the  Convention  of  the  above  named  State  : 

Therefore,  be  it  resolved,  Fir.H,  That  we  hold  the  Amerieaa 
Union  secondary  in  importance  only  to  the  rights  and  principles  it 
was  designed  to  perpetuate. 

Secondly,  That  u  present  fruition  and  future  prospects,  will 
bind  us  to  it  so  long  as  it  continues  to  be  the  safeguard  of  those 
rights  and  principles." 

Thirdly,  That  if  the  people  of  the  thirteen  original  parties  form- 
ing the  Constitution  and  government  of  the  United  States  of  Amer- 
ica, bordering  the  Atlantic  in  a  narrow  belt,  while  their  separate 
interests  were  in  embryo,  their  peculiar  tendencies  scarcely  devel- 
oped, their  revolutionary  trials  and  triumphs  still  fresh  in  memory, 
found  union  impossible  without  compromise,  the  thirty-one  of  this 
day,  may  well  yield  somewhat,  in  the  conflict  of  opinion  and  poli- 
cy, to  preserve  that  Union  which  has  extended  the  sway  of  Repub- 
lican Government  over  a  vast  wilderness  to  another  ocean,  and 


14 


proportionally  advanced  the  civilization  of  the  people  over  whom 
it  has  been  extended. 

Fourthly,  That  in  this  spirit,  the  State  of  Mississippi  has  ma- 
turely considered  the  action  of  Congress,  embracing  a  series  of 
measures  for  the  admission  of  the  State  of  California  into  the  Uni- 
on, the  organization  of  territorial  governments  for  Utah  and  New- 
Mexico,  the  establishment  of  the  Boundary  line  between  New 
Mexico  and  the  State  of  Texas,  and  the  suppression  of  the  Slave 
Trade  in  the  District  of  Columbia,  and  the  extradition  of  Fugitive 
Slaves;  and  whilst  she  does  not  wholly  approve,  will  abide  by  it  as 
a  permanent  adjustment  of  this  sectional  controversy. 

Fifthly,  That  the  State  of  Mississippi,  in  the  judgment  of  this 
Convention,  will,  and  ought  to  resist,  even  (as  a  last  resort  how- 
ever,) to  a  disruption  of  every  tie  that  binds  her  to  the  Union,  any 
action  of  Congress  on  the  subject  of  Slavery  in  the  District  of.  Co- 
lumbia, or  places  subject  to  the  jurisdiction  of  Congress,  or  any 
action  of  Congress  suppressing  the  Slave  Trade  between  the  slave 
holding  States,  or  any  refusal  to  admit  as  a  State  any  territory 
hereafter  applying  for  admission,  because  of  the  existence  "of  slave- 
ry therein,  or  any  act  prohibiting  the  introduction  of  slaves  into  the 
territories  of  the  United  States,  or  any  act  repealing  or  materially 
modifying  the  laws  now  in  force  for  the  recovery  of  Fugitive  Slaves, 
incompatible  with  the  safety,  domestic  tranquillity,  the  rights,  and 
honor  of  the  slave  holding  States. 

Sixthly,  That  it  is  the  deliberate  and  well  defined  opinion  of  this 
Convention,  that  upon  the  faithful  execution  of,  and  acquiescence' 
in,the  whole  of  the  above  named  measures,  as  other  laws  constitu- 
tionally passed,  depends  the  perpetuity  of  our  Federal  Union. 

Seventhly,  That  the  action  of  this  Convention,  be  submitted  to 
the  people  at  the  Ballot  Box  for  their  approval  or  disapproval  with- 
in thirty  days  after  its  adjournment. 

On  motion  of  Mr.  Clark,  the  preamble  and  resolutions  were  re- 
ferred to  the  Committee  of  Thirteen. 

On  motion  of  Mr.  Barksdale,  the  Convention  adjourned  until  10 
a 'clock  to-morrow  morning. 




THURSDAY,  November  13th,  1851. 

The  Convention  met  pursuant  to  adjournment,  and  its  delibera- 
tions opened  with  prayer  by  the  Rev.  Mr.  Henderson,  of  the  Pres- 
byterian church  of  this  city. 

Mr.  Johnston,  of  Hinds,  offered  the  following  resolutions: 

1st,  Resolved,  That  the  Printer  of  this  Convention,  prepare  for 

distribution  copies  of  our  Journal  and  proceedings,  and  that 

lie  attach  thereto,  a  copy  of  the  Act  of  the  Legislature  calling  this 
Convention ?  and  a  copy  of  the  Constitution  of  the  United  States. 


L5 


2nd,  Resolved,  That  whenever  the  Printer  shall  submit  to  the 
President  of  this  Convention,  in  vacation,  a  Certificate  of  the  Sec- 
retary of  State,  that  the  required  number  of  the  Journal  and  pro- 
ceedings have  been  accurately  and  properly  printed,  and  are  in  the 
office  of  said  Secretary,  ready  for  distribution,  the  President  of  the 
Convention  shall  audit  and  allow  to  said  Printer,  reasonable  com- 
pensation for  such  labor,  and  the  certificate  of  such  allowance,  by 
the  President,  shall  be  sufficient  authority  for  the  Auditor  of  Public 
Accounts,  to  issue  his  warrant  on  the  Treasurer  for  the  amount 
thus  certified. 

3d,  Resolved,  That  the  Journal  and  proceedings  of  this  Conven- 
tion, shall  be  distributed  as  follows,  by  the  person  or  persons  em- 
ployed to  distribute  the  Laws  and  Journals  of  the  next  session  of 
the  Legislature,  viz  :  Two  copies  to  be  deposited  with  the  Clerks 
of  the  Circuit  and  Probate  Courts  of  each  county  in  this  State: 
 copies  to  be  deposited  with  the  Secretary  of  State,  and  the  re- 
mainder of  such  copies  to  each  member  of  this  Convention,  in 
equal  proportion,  for  the  use  of  his  constituents,  to  be  delivered  to 
him  in  person,  or  deposited  to  his  address  with  the  Clerk  of  the 
Circuit  Court  of  his  county,  and  one  copy  to  each  of  the  Governors 
of  the  States  composing  the  American  Union, to  be  transmitted  by 
the  Governor  of  Mississippi. 

Mr.  Adams  moved  to  amend  the  first  resolution,  by  striking  out 
the  words  "  Constitution  of  the  United  States." 

But  before  any  action  was  had, 

On  motion  of  Mr.  Scruggs,  the  resolutions  with  the  amendment 
were  referred  to  a  select  Committee  of  Three. 

The  Chair  appointed  as  said  committee,  Messrs.  Scruggs,  John- 
ston of  Hinds,  and  Dabney. 

On  motion  of  Mr.  Barksdale, 

Resolved,  That  the  Chairman  of  the  Committee  of  Thirteen,  be 
requested  to  inform  the  Convention,  at  what  time  a  report  from  the 
Committee  may  be  expected. 

In  answer  to  the  above  resolution,  the  chairman  of  the  Commit- 
tee, replied  as  follows : 
To  the  President  of  the  Convention  : 

Sir  : — The  Committee  have  instructed  me  to  say,  in  reply  to 
the  resolution  of  the  Convention,  askingat  what  time  a  report  might 
be  expected  from  them,  that  the  Committee  hope  to  be  able  to  ire- 
port  this  afternoon. 

Respectfully, 

J.  ALEXANDER  VENTRES S,  Chairman. 
Mr.  Garner,  offered  the  following  resolution 
Which  was,  on  motion  of  Mr.  Scruggs,  laid  on  the  table  : 
Resolved,  That  this  Convention  will  adjourn  sine  die  at  11  o'clock 
to-morrow  morning. 

Mr.  Scruggs,  from  the  select  committee,  made  the  following  re- 
port: 


16 


Mr.  President  : — The  select  Committee,  to  whom  was  referred 
certain  resolutions  relating  to  the  printing  the  Journals  of  this  Con- 
vention, beg  leave  to  report : 

That,  they  have  considered  said  resolutions,  and  have  rilled  tie 
blank  in  the  1st  resolution,  with  the  number  20,000,  and  the  re- 
maining blank  in  the  2d  resolution,  with  the  number  25.  The 
Committee  report  back  said  resolutions,  as  amended,  with  a  recom- 
mendation that  they  be  adopted. 

And,  having  fully  reported,  the  committee  pray  to  be  discharged 

P.  T.  SCRUGGS,  CVn  Com. 

Which  was  received. 

Mr.  Sturges,  of  Simpson,  offered  the  following  amendment  to 
the  report  of  the  committee,  to-wit : 

Amend  by  striking  out "  reasonable  compensation  for  such  laborT? 
and  insert  "  such  compensation  as  is  now  allowed  by  law,  to  th« 
State  Printers  for  such  services." 

Before  the  question  was  taken  thereon, 

On  motion  of  Mr.  Clark,  the  report  and  amendment  was  recom- 
mitted to  the  same  committee. 

Mr.  Robertson,  offered  the  following  resolution  : 
Resolved,  That  the  select  committee,  to  whom  was  referred  the 
resolutions  in  relation  to  the  printing  of  the  Journals  of  this  Con- 
vention, be  instructed  to  add  after  the  words,  "  Constitution  of  the 
United  States,"  the  words  "  and  the  Farewell  Address  of  Wash- 
ington." 

Mr.  Alcorn  moved  to  amend  the  resolution  by  striking  out 
"  Washington  "  and  inserting  "  Jackson." 
Before  the  question  was  taken,  thereon, 

On  motion  of  Mr.  Adams,  the  resolution  and  amendment  was 
laid  on  the  table. 

On  motion  of  Mr.  Clark,  a  call  of  the  House  was  had. 

The  absentees  without  leave,  having  been  announced, 

On  motion  of  Mr.  Adams,  the  call  was  dispensed  with. 

Mr.  Niles,  offered  the  following  resolution, 

Resolved,  That  this  Convention  adjourn,  sine  die,  this  eveniag 
at  three  o'clock. 

Mr.  Snedecor,  moved  to  lay  the  resolution  on  the  table. 

Pending  the  question,  on  motion  of  Mr.  Adams,  the  Convention 
adjourned  until  3  o'clock,  p.  m. 

3  o'clock,  p.  m. 

The  Convention  re-assembled  pursuant  to  adjournment. 

The  question  was  then  taken  on  laying  the  resolution  of  Mr 
Niles  on  the  table,  pending  the  adjournment,  and  decided  in  the  af- 
firmative. 

Mr.  Scruggs,  from  a  select  Committee,  made  the  follow!  B£ 
report : 


17 


Mr.  President  : — The  special  Committee  to  whom  was  re- 
committed certain  resolutions,  relating  to  the  printing  of  theJournals 
of  this  Convention, with  the  amendments  proposed  to  said  resolutions, 
in  Convention,  beg  leave  respectfully  to  report  : 

That,  they  have  again  investigated  the  subject  referred  to  them, 
and  on  reflection,  have  rejected  that  feature  of  the  resolutions  which 
proposes  to  leave  the  amount  of  compensation  for  the  Printer  to  the 
discretion  of  the  President  of  the  Convention. 

In  lieu  of  that  provision,  we  have  established  the  compensation 
of  the  Printer,  on  the  basis  adopted  by  the  Legislature,  for  printing 
executed  for  that  body. 

The  Committee  have  also  provided,  that  the  Farewell  Address  of 
Washington,  be  printed  with  the  other  documents  mentioned  in 
the  1st  resolution. 

The  committee,  with  the  view  of  avoiding  confusion,  and  ren- 
dering an  engrossment  of  the  resolutions  necessary,  herewith  pre- 
sent to  the  Convention  the  said  resolutions  in  which  are  inserted 
the  amendments  made  by  the  committee,  and  above  referred  to, 
which  resolutions,  the  committee  recommend  to  the  Conventkm 
for  adoption. 

And  having  fully  reported,  the  committee  ask  to  be  discharged. 

1,  Resolved,  Thai  the  Printer  of  this  Convention  prepare  for 
distribution,  20,000  copies  of  our  Journal  and  proceedings,  and 
that  he  attach  thereto,  a  copy  of  the  Act  of  the  Legislature  calling 
this  Convention,  a  copy  of  the  Constitution  of  the  United  States, 
and  a  copy  of  the  Farewell  Address  of  Washington. 

2,  Resolved^  That,  whenever  the  Printer  shall  submit  to  the 
President  of  this  Convention,  in  vacation,  a  certificate  of  the  Sec- 
retary of  State,  that  the  required  number  of  the  Journal  and  pro- 
ceedings, have  been  accurately  and  properly  printed,  and  are  in  the 
office  of  said  Secretary,  ready  for  distribution,  the  President  of  this 
Convention  shall  audit  and  allow  to  said  Printer,  compensation  for 
such  labor,  at  the  rate  established  by  the  Legislature,  by  the  act  of 
January  19,  1846,  for  public  printing,  as  the  said  act  relates  to  prin- 
ting the  Message  of  the  Governor,  Reports  of  the  Secretary  of 
State,  Auditor  of  Public  Accounts,  Treasurer  of  the  State,  Keeper 
of  the  Penitentiary,  Reports  of  Committees,  &c,  &c,  and  issue  to 
said  Printer,  his  certificate  of  such  allowance,  pursuant  to  the  act 
of  the  Legislature,  calling  this  Convention. 

3,  Resolved,  That  the  Journal  and  proceedings  of  this  Conven- 
tion, shall  be  distributed  as  follows,  by  the  person  or  persons  em- 
ployed to  distribute  the  Laws  and  Journals  of  the  next  session  of 
the  Legislature,  viz :  Two  copies  to  be  deposited  with  the  Clerks 
of  the  Circuit  and  Probate  Courts  of  each  county  in  this  State  ; 
25  copies  to  be  deposited  with  the  Secretary  of  State,  and  the  re- 
mainder of  such  copies  to  each  member  of  this  Convention,  in  equal 
proportions,  for  the  use  of  his  constituents,  to  be  delivered  to  him. 
in  person,  or  deposited  to  his  address,  with  the  Clerk  of  the  Circuit 


IS 


Court  of  his  county,  and  one  copy  to  each  of  the  Governors  of  the 
States  composing  the  American  Union,  to  be  transmitted  by  the 
Governor  of  Mississippi. 

Mr.  Adams  moved  to  amend  the  report  of  the  committee,  by 
striking  out  "twenty"  before  thousand,  which  was  decided  in  the 
affirmative. 

Mr.  Vick,  moved  that  the  blank  be  filled  with  "  ten."  Which 
was  lost. 

Mr.  Hart,  moved  that  the  blank  be  filled  with  eight.  Which 
was  lost. 

On  motion  of  Mr.  Barksdale,  the  blank  was  filled  with  five. 

Mr.  Sturges,  of  Simpson,  moved  to  amend  the  report  by  striking 
out  in  the  first  resolution,  the  words  "  Constitution  of  the  United 
States"  and  "  Washington's  Farewell  Address." 

A  division  of  the  question  was  called  for,  and  the  question  was 
first  taken  on  striking  out  the  words  "  Constitution  of  the  United 
States," 

And  decided  in  the  negative,  by  yeas  and  nays  as  follows  : 
Those  who  voted  in  the  affirmative,  are,  Messrs.  Backstrom, 
Cherry,  Clark,  Connelly,  Easterling,  Edwards,  Golladay,  Huff, 
Jones  of  Madison,  Jones  of  Franklin,  Keown,  Miller,  McLendon, 
Phillips,  Scales,  Smith,  Sturges  of  Simpson,  and  Sturges  of  Copi- 
ah,—yeas  18. 

Those  who  voted  in  the  negative,  were,  Mr.  President,  Messrs. 
Alcorn,  Adams,  Ashe,  Bailey,  Banks,  Barksdale,  Billups,  Boatner, 
Burrus,  Butler,  Caruthers,  Cole,  Collins,  Dabney,  Davis,  Duncan 
of  Lafayette,  Duncan  of  Itawamba,  Duncan  of  Tishomingo,  Evans 
of  Chickasaw,  Evans  of  Lauderdale,  Fox,Foote,  Garner,  Griffin, 
Gwin,  Hale,  Hart,  Henry,  Hurst,  Huie,  James,  Johnston  of  Hinds, 
Jones  of  Tippah,  Jones  of  Pontotoc,  Kinyon,  Lowry,  Montgomery, 
McLeod,  McDonald,  McDowell,  McAlium,  Muse,  Myers,  Niles, 
Powe,  Purdorn,  Rankin,  Robertson,  Scruggs,  Sawyer,  Snedecor, 
Stovall,  Sullivan,  Vaughan,  Veazie,  Vick,  Watson  of  De  Soto, 
Williams,  Wilson  of  Claiborne,  and  Wells, — nays  61. 

The  question  was  then  taken  on  the  amendment,  striking  out 
the  words  "and  Washington's  Farewell  Address." 

Which  was  decided  in  the  negative,  by  yeas  and  nays  as  follows: 

Those  who  voted  in  the  affirmative,  are,  Messrs.  Backstrom, 
Cherry,  Connelly,  Evans  of  Chickasaw,  Easterling,  Edwards,  Fox, 
Golladay,  Huff,  Hart,  Jones  of  Madison,  Jones  of  Franklin,  Keown, 
Miller,  McLendon,  Phillips,  Rankin,  Scales,  Smith,  Sturges  of 
Copiah,  and  Sturges  of  Simpson, — yeas  21. 

Those  who  voted  in  the  negative,  were,  Mr.  President,  Messrs. 
Alcorn,  Adams,  Ashe,  Banks,  Barksdale,  Billups,  Butler,  Boatner, 
Bailey,  Burruss,  Clark,  Caruthers,  Collins,  Cole,  Duncan  of  Ita- 
wamba, Duncan  of  Lafayette,  Duncan  of  Tishomingo,  Dabney, 
Davis,  Evans  of  Lauderdale,  Foote,  Griffin,  Gwin,  Garner,  Hurst, 
Huie,  Hale,  Henry,  Holmes,  James,  Johnston  of  Hinds,  Jones  of 


Pcntotoc,  Jones  of  Tippah,  Kinyon,  Lowry,  Montgomery,  Myers, 
Muse,  McLeod,  McAllum,  McDonald,  McDowell,  Niles,  Purdpm, 
Powe,  Robertson,  Sawyer,  Scruggs,  Snedecor,  Stovall,  Veazie, 
Vick,  Vaughan,  Wells,  Williams,  and  Wilson  of  Claiborne, — nays 

57.. 

The  question  was  then  taken  on  the  adoption  of  the  first  resolu- 
tion as  amended  ;  and  decided  in  the  affirmative. 

And  the  question  being  taken  on  the  2nd  and  3d  resolutions  sep- 
arately, as  reported  by  the  Committee,  they  were  adopted. 

Mr.  Ventress,  from  the  select  Committee  of  Thirteen,  made  the 
following  report : 

Mr.  President  : — The  Committee  of  Thirteen,  appointed  by 
the  Convention  "to  consider  and  report  resolutions,  or  preamble 
and  resolutions  for  the  consideration  of  the  Convention,"  beg  leave 
to  report  the  following  resolutions. 

J.  ALEXANDER  VENTRESS,  Ch'n. 

1st.  Resolved,  That,  in  the  opinion  of  this  Convention,  the  peo- 
ple of  Mississippi,  in  a  spirit  of  conciliation  and  compromise,  have 
maturely  considered  the  action  of  Congress,  embracing  a  series  of 
measures  for  the  admission  of  California  as  a  State  into  the  Union, 
the  organization  of  Territorial  Governments  for  Utah  and  New 
Mexico,  the  establishment  of  the  boundary  between  the  latter 
and  the  State  of  Texas,  the  suppression  of  the  Slave  Trade  in  the 
District  of  Columbia,  and  the  extradition  of  Fugitive  Slaves;  and 
connected  with  them,  the  rejection  of  the  proposition  to  exclude  slav- 
ery from  the  Territories  of  the  United  States,  and  to  abolish  it  in  the 
District  of  Columbia  ;  and  whilst  they  do  not  entirely  approve,  will 
abide  by  it  as  a  permanent  adjustment  of  this  sectional  controversy. 

2d.  Resolved,  That  we  perceive  nothing  in  the  above  recited 
legislation  of  the  Congress  of  the  United  States,  which  should  be 
permitted  to  disturb  the  friendly  and  peaceful  "  existing  relations 
between  the  Government  of  the  United  States  and  the  Government 
and  people  of  the  State  of  Mississippi." 

3d.  Therefore,  Resolved,  That,  in  the  opinion  of  this  Convention, 
the  people  of  the  State  of  Mississippi  will  abide  by  the  Union  as 
it  is.  and  by  the  Constitution  of  the  U.  States  without  amendment. 

4ih.  Resolved,  further,  That,  in  the  opinion  of  this  Convention, 
the  asserted  right  of  secession  from  the  Union  on  the  part  of  a 
State  or  States  is  utterly  unsanctioned  by  the  Federal  Constitution, 
which  was  framed  to  "  establish  "  and  not  to  destroy  the  Union 
of  the  States,  and  that  no  secession,  can,  in  fact,  take  place  with- 
out a  subversion  of  the  Union  established,  and  which  will  not  vir- 
tually amount  in  its  efiects  and  consequences  to  a  civil  revolution. 

oth.  Resolved,  further,  That,  whilst  in  the  opinion  of  this  Con- 
vention, such  are  the  sentiments  and  opinions  of  the  people  of  the 
State  of  Mississippi,  still,  violations  of  the  rights  of  the  people  of 
the  State,  may  occur,  which  would  amount  to  intolerable  oppres- 
sion, and  would  justify  a  resort  to  measures  of  resistance, amongst 


20 


which,  in  the  opinion  of  the  Convention,  the  people  of  the  State 
have  designated  the  following  : 

1st.  The  interference  by  Congressional  Legislation  with  the  In- 
stitution of  Slavery  in  the  Slates. 

2d.  Interference  with  the  trade  in  Slaves  between  the  States. 

3d.  Any  action  of  Congress  on  the  subject  of  Slavery  in  the 
District  of  Columbia  or  in  places  subject  to  the  jurisdiction  of  Con- 
gress, incompatible  with  the  safety  and  domestic  tranquillity — the 
rights  and  the  honor  of  the  slave-holding  States. 

4th.  The  refusal  by  Congress  to  admit  a  new  State  into  the  Union 
on  the  ground  of  her  tolerating  slavery  within  her  limits. 

5th.  The  passage  of  any  law  by  Congress  prohibiting  slavery  in 
any  of  the  territories. 

6th.  The  Repeal  of  the  Fugitive  Slave  Law,  and  the  neglect  or 
refusal  by  the  General  Government,  to  enforce  the  Constitutional 
provision  for  the  reclamation  of  Fugitive  Slaves. 

6th.  Resolved,  further,  That,  in  the  opinion  of  this  Convention, 
the  people  in  the  recent  elections  have  been  governed  by  an  abid- 
ing confidence  that  the  said  adjustment  measures  of  Congress  would 
be  enforced  in  good  faith  in  every  section  of  the  land. 

7th.  Resolved,  further,  That,  as  the  people  of  the  State  of  Mis- 
sissippi, in  the  opinion  of  this  Convention,  desire  all  further  agita- 
tion of  the  Slavery  question  to  cease,  and  have  acted  upon  and 
decided  all  of  the  foregoing  questions,  thereby  making  it  the  duty 
of  this  Convention  to  pass  no  acts  within  the  purview  and  spirit  of 
the  law  under  which  it  was  called,  this  Convention  deems  it  un- 
necessary to  refer  to  the  people  for  their  consideration,  approval 
or  disapproval  at  the  Ballot  Box,  its  action  in  the  premises. 

Slh.  Resolved,  further,  The  Convention  having  declared  in  the 
foregoing  resolutions,  the  position  which  the  people  of  Mississippi 
have  taken,  and  which,  in  the  opinion  of  this  Convention,  they  will 
continue  to  occupy,  on  the  great  subjects  embraced  in  the  resolu- 
tions, deems  it  a  duty  alike  incumbent  on  us  and  equally  important 
to  the  rights  of  the  people  to  declare  that,  in  our  deliberate  judg- 
ment and  in  their  deliberate  judgment,  as  we  believe,  the  call  of 
this  Convention  by  the  Legislature  at  its  late  extraordinary  session, 
by  the  act  of  the  30th  of  November,  1850,  was  unauthorized  and 
unnecessary,  and  that  said  act,  in  peremptorily  ordering  a  Conven- 
tion of  the  people  of  the  State,  to  be  held,  without  submitting  to 
them  to  be  settled  by  the  popular  vote  of  the  State,  the  question 
whether  there  should  be  a  Convention  or  no  Convention,  was  an 
unwarranted  assumption  of  power  by  the  Legislature ;  at  war  with 
the  spirit  of  republican  institutions,  and  an  encroachment  on  the 
sovereign  power  of  the  people. 

Which,  on  his  motion,  was  received. 

And  on  motion  of  Mr.  Niles,  500  copies  were  ordered  to  be 
printed  for  the  use  of  the  Convention. 

Mr.  Watsonof  Marshall,  offered  the  following  preamble  : 


Whereas,  An  act  was  passed  by  the  Legislature  of  the  State  of 
Mississippi,  on  the  30th  day  of  November,  1850,  entitled  "  An  act 
to  provide  for  a  Convention  of  the  people  of  the  State  of  Missis- 
sippi,"— the  principal  object  of  which  act,  as  set  forth  in  the  5th 
Section  thereof,  was  "to  consider  the  then  existing  relations  be- 
tween the  Government  of  the  United  States  and  the  Government 
and  people  of  the  State  of  Mississippi ;  and  to  devise  and  carry  into 
effect  the  best  means  of  redress  for  the  prist,  and  obtain  certain  se- 
curity for  the  future;  and  to  adopt  such  measures  for  vindicating 
the  Sovereignty  of  the  State,  and  the  protection  of  its  institutions, 
as  shall  appear  "  to  said  Convention  to  be  demanded  : 

And,  whereas,  the  said  act  of  the  Legislature  of'  Mississippi,  was 
passed  with  special  reference  to  a  series  of  acts  of  the  Congress  of 
the  United  States,  commonly  known  as  the  Compromise  or  adjust- 
ment measures  : 

And,  whereas,  the  right  of  a  State  or  States,  "  peaceably  to 
withdraw  from  the  Union,  without  denial  or  obstruction  from  any 
quarter  whatever,"  and  also  the  question,  whether  the  "  Union  of 
these  States  had  been  so  grossly  perverted  from  its  original  pur- 
poses, as  to  render  its  further  continuance  incompatible  with  the 
honor,  the  prosperity  and  the  safety  of  the  slave  holding  States, 
unless  some  correction  of  past  aggressions,  and  some  additional  and 
more  effectual  guarantees  for  our  future  protection,  be  obtained  from 
our  associates  in  the  Confederacy,"  and  particularly,  whether  the 
State  would  acquiesce  in  the  said  Compromise  measures  of  Con- 
gress, were  distinctly  presented  to  the  people  for  their  considera- 
tion, at  the  late  elections  ;  and  the  people,  in  their  sovereign  capac- 
ity, having  decided  at  said  elections  in  favor  of  the  Union  as  it  is, 
without  insisting  on  further  amendments  to  the  Constitution  of  the 
United  States,  or  additional  and  more  effectual  guarantees  for  their 
future  protection, — in  favor  of  acquiescing  in  the  said  Compromise 
measures  of  Congress, — and  against  the  right  of  a  State  or  States, 
peaceably  to  withdraw  from  the  Union  without  denial  or  obstruc- 
tion from  any  quarter  whatever. 

Which,  being  read,  was  referred  to  the  committee  of  thirteen. 

Mr.  Cobb  offered  the  following  preamble  for  the  consideration 
of  the  Convention  : 

The  people  of  the  State  of  Mississippi,  responding  to  a  law 
passed  at  the  late  extraordinary  session  of  the  Legislature,  entitled 
"  An  Act  to  provide  for  a  Convention  of  the  people  of  Mississippi," 
have  assembled  in  conformity  thereto  ;  and  being  required  through 
their  delegates  to  consider  the  matters  contained  in  said  Law,  as 
touching  the  "  existing  relations  between  the  Government  of  the 
United  States,  and  the  Government  and  people  of  the  State  of 
Mississippi,"  as  also  the  proper  manner  to  "  devise  and  carry  into 
effect  the  means  of  redress  for  the  past  and  obtain  certain  security 
for  the  future,  and  to  adopt  such  measures  for  vindicating  the 
sovereignty  of  the  State  and  protection  of  its  institutions  as  shall 


appear  to  them  to  be  demanded,"  do  hereby  adopt  the  following 
report  and  resolutions,  as  a  suitable  discharge  of  all  proper  require- 
ments of  said  law  of  the  Legislature. 

To  proceed  orderly  and  understandingly,  we  must  premise  by 
remarking  that  this  law  appears  to  have  been  enacted  solely  in 
conformity  with  a  recommendation  contained  in  the  message  of  the 
then  Governor  of  the  State,  sent  into  the  Legislature  at  the  open- 
ing of  its  late  extraordinary  session.  The  framers  of  the  Law  have 
even  adopted  and  incorporated  the  language,  word  for  word,  em- 
ployed in  the  Executive  message  alluded  to,  and  the  Convention  is 
confined,  so  far  as  the  letter  of  the  law  may  confine  it,  strictly  to  act- 
ing within  the  bounds  of  the  recommendations  and  suggestions  made 
from  the  same  source.  The  intent  of  the  Legislature  and  the 
meaning  of  the  Law  in  question,  may  therefore,  be  best  understood 
and  construed  by  measuring  the  same  with  the  terms  of  the  Execu- 
tive message,  on  which  said  law  is  evidently  based.  It  is  then 
essentially  necessary  and  requisite  in  furthering  the  objects  of  this 
Convention  that  the  history  of  this  Message  should  be  explained 
and  succinctly  set  forth,  especially  as  it  is  well  understood  that 
the  large  majority  of  this  body  has  been  elected  in  express  oppo- 
sition, both  to  the  sentiments  of  the  Message  and  to  the  evident 
intent  and  spirit  of  the  law. 

The  series  of  Congressional  measures  known  as  the  Adjustment 
or  Compromise  bills  of  1850,  became  laws  of  the  land  early  in  the 
autumn  of  that  year.  Soon  after  their  passage  through  both  Houses 
of  Congress  had  been  published  to  the  nation,  the  then  Governor 
of  this  State  issued  his  proclamation  bearing  date  26th  day  of  Sep- 
tember, in  which,  as  a  pretext,  are  recited  some  of  these  measures  of 
Congress  as  being;  "  aggressive"  on  the  rights  and  institutions  of 

O  O  DO  5 

this  State,  and  which  convoked  the  Legislature  in  extra  session,  on 
the  eighteenth  day  of  November.  The  Message  and  it|  re- 
commendations followed,  were  promptly  acted  on  by  the  majority 
of  that  body,  and  the  law  "  providing  "  for  this  Convention,  in 
conformity  with  the  Executive  suggestion,  was  duly  passed^ 
approved,  and  published.  It  is  not  our  opinion  that  the  passage 
by  Congress  of  the  Adjustment  bills,  constituted  such  an  "emergen- 
cy" as  is  contemplated  by  the  Constitution  of  this  State,  where  it 
gives  to  the  Governor  the  power  to  convene  the  Legislature  in 
extra  session.  Nor  are  we,  by  any  means,  quite  sure  that  the 
Legislature,  in  mare  accordance  with  an  Executive  recommenda- 
tion, possesses  the  Constitutional  authority  to  call  a  popular  con- 
vention and  prescribe  and  restrict  its  action  by  law.  We  have 
been  unable  to  find  .any  clause  in  the  Constitution  of  this  State 
which  confers  such  power  on  the  Legislature,  and  the  absence  of 
any  prohibition  to  that  effect,  carries  along,  in  our  judgment,  noth- 
ing which  would  recognise  or  warrant  aught  else  than  the  privi- 
lege of  inviting  or  recommending  such  an  assemblage,  separate 
and  apart  from  its  legislative  functions.    The  appropriation  of 


23 

funds  to  meet  its  expenses  in  the  event  of  assemblage,  is  all  that 
the  Legislative  department  could  assume  to  do,  preliminarily,  in 
the  passage  of  any  laic  in  connexion  with  such  body.  Whether  the 
omission  to  incorporate  such  power  in  connexion  with  the  Legis- 
lature, was  the  result  of  accident  or  design  on  the  part  of  the 
framers  of  our  State  Constitution,  is  not  for  us  to  enquire  or  say. 
What  we  know  is,  that  no  such  power  is  enumerated,  while  the 
Constitution  is  remarkable  for  the  total  absence  of  all  general 
clauses  whatever,  except  alone  a  single  power  in  connexion  with 
that  to  make  rules  for,  and  punish  and  expel  members  from  either 
"  branch  of  the  Legislature.5'  If  then,  having  shown  the  absence 
of  any  such  power,  the  then  Governor  of  the  State  was  right  when 
he  asserts  in  his  message  that  such  Convention  "  represents  the 
sovereignty  of  the  State,"  and  the  "majesty  of  the  people"  would 
possess  "  plenary  powers,"  and  is  beyond  the  control  of  any  "in- 
structions or  restrictions  which  the  Legislature  might  interpose," 
it  is  scarcely  to  be  conceded,  we  think,  that  this  body  can  be  legal- 
ly restricted  to  the  action  as  prescribed,  not  advised  or  recommended 
in  the  5th  Section  of  the  bill  to  ''provide  for  a  Convention  of  the 
people  of  Mississippi." 

But  at  the  same  time  we  hold,  that  the  constituency  of  this  body, 
by  having  conformed  to  the  requirements  of  said  Law,  so  far  as  it 
provides  for  an  election  of  popular  delegates  to  "consider  the  ex- 
isting relations  between  the  Government  of  the  United  States  and 
the  Government  and  people  of  the  State  of  Mississippi,"  as  con- 
cerns the  propriety  of  acquiescing  in  or  resisting  certain  laws  of 
Congress,  known  as  the  Adjustment  bills,  by  having  duly  elected, 
such  delegates  as  therein  prescribed,  and  by  having  in  so  far 
apparently  ratified  the  call  of  a  people's  Convention,  have  instruc- 
ted us  to  assemble,  to  organize,  and  without  regard  to  any  instruc- 
tions, restrictions  or  injunctions  of  the  Legislature,  (so  far  as  the 
same  may  have  been  designed  by  the  said  Law,  to  compel  this 
body  to  any  particular  course  of  action,)  to  give  expression  to  the 
decision  and  will  of  the  people  on  the  questions  mooted  in  the  recent 
Convention  elections.  In  accordance  with  this  view,  therefore, 
we  shall  be  careful  to  comply  with  the  forms  prescribed  by  the 
law  under  which  we  are  convened,  but  we  must  protest  against 
being  held  bound  to  act  on  the  evident  spirit  and  intent,  not  to  say 
injunctions  of  the  same.  In  this  last  event  we  should  consider 
that  our  action  had  been  already  pre-ordered  by  the  Legislature - 
The  preamble  to  the  bill  clearly  contemplates  resistance  to  the 
action  of  Congress  in  some  shape.  Hostile  State  interposition  of 
some  sort,  is  clearly  presupposed.  It  would  appear  to  have  been 
taken  for  granted  that  the  people  of  Mississippi  were  equally 
hostile  as  the  Legislature,  to  the  General  Government.  This  may 
be  shown  in  few  words. 

If  the  ,;  legislation  of  the  Congress  of  the  United  States  "  was  as  it 
is  averred  in  the  preamble  to  this  bill,  "  controlled4by  a  dominant 


24 


majority  regardless  of  the  constitutional  rights  of  the  slave-holding 
States,"  aud  did  as  is  therein  declared,  reflect  {only)  the  will  of  a 
section  whose  population  are  hostile  in  feeling,  and  opposed  in  feel- 
ing to  a  long  established  and  cherished  institution  of  these  States 
of  the  South"  there  would  be  truly,  "  alarming  evidence  of  a 
settled  purpose  to  destroy  said  institution."  This  would,  indeed 
justify  a  "sovereign  State  in  resorting  to  the  most  efficient  means 
for  the  maintenance  of  its  sovereignty  and  the  preservation  of  its 
constitutional  rights."  Let  the  assertions  of  the  preamble  referred 
io  be  admitted,  and  we  would  surely  agree  that  it  would  be  time  as 
the  then  Governor  intimates  in  his  message,  for  us  to  "  look  solely 
to  remedies,  not  merely  palliative  but  effectual  and  permanent ,3 '?  and 
such  could  only  be  as  he  again  intimated"  the  prompt  and  peaceable 
secession  of  the  aggrieved  States."  Both  the  preamble  and  its  key 
(the  then  Governor's  message)  must  have  looked  then,  to  hostile 
State  action  of  some  sort  through  this  Convention — a  course  which 
the  decision  of  the  highest  power  recognized  under  our  Republican 
Government,  the  expressed  will  of  the  people,  has  been  most  em- 
phatically made  known  through  the  ballot  box. 

The  5th  Section  of  the  Bill  itself,  framed  to  suit  the  significant 
recitation  of  the  preamble,  as  also  to  accord  with  the  suggestions 
of  the  message,  prescribes  that  the  delegates  elected,  under  its 
provisions  "  shall  proceed  to  consider  the  then  existing  relations 
between  the  Government  of  the  United  States  and  the  Government 
and  people  of  the  State  of  Mississippi,  to  devise  and  carry  into  effect 
the  means  of  redress  for  the  past  and  obtain  certain  security  for  the 
future,  and  to  adopt  such  measures  for  vindicating  the  Sovereignty 
of  the  State  and  the  protection  of  its  institutions  as  shall  appear  to 
them  to  be  demanded."  This  language  is  not  to  be  misunderstood 
and  does  not  allow  of  misinterpretation.  It  is  clear  that  the  injunc- 
tions of  the  law  are  based  on  "  efficient  means"  (or  as  the  message 
of  the  Governor  expresses  it "  efFectal  and  permanent  v)  of  resis- 
tance to  the  "  legislation  of  the  Congress  of  the  United  States," 
SO  broadly  denounced  in  the  preamble  as  being  "a  settled  purpose 
on  the  part  of  said  majority  to  destroy  the  institutions  and  subvert 
the  sovereign  power  of  this  State."  To  "vindicate"  does  not 
inean  merely  to  assert  the  "sovereignty  of  the  State,"  because 
that  being  undenied  such  mere  assertion  would  be  altogether  super- 
erogatory and  unseasonable  as  language  of  a  law.  The  phrase  means 
to  redeem,  to  defend  forcibly,  to  make  good  against  objection  or  as- 
sault and,  of  course,  presupposes  what  the  preamble  clearly  im- 
plies, that  such  "  sovereignty  "  has  been  actually  "assailed"  by 
the  "legislation  of  the  Congress  of  the  United  States."  Nor  can 
"  redress  for  the  past  "  look  to  any  thing  else  than  the  revenging 
or  resisting  this  "  legislation ;"  while  "  security  for  the  future  "  im- 
plies not  only  a  wrong  done  by  "  the  Congress  of  the  United 
States  "  but  evidently  contemplates  a  "  demand  for  concessions" 
us  intimated  in  the  Governor's  message. 


Such  being  the  clear  interpretation  of  the  inteiU  [spirit  ${ 
the  law  "  to  provide  for  the  convention  of  the  people  Jos  ASississip- 
pi,"we  must  decidedly  express  our  dissonance  with  the  same,  as 
also  decline  to  act  accordantly,  believing  that  the  people  of  this 
State,  have  never  desired  and  would  now  especially  discountenance 
and  repudiate  any  such  action  or  demonstration  in  connexion  with 
the  "  legislation  of  the  Congress  of  the  United  States."  As  inti- 
mately connected  with  the  convocation  and  assemblage  of 
this  body,  we  should  deem  that  our  duty  had  not  been  entirely  ful- 
filled, dfd  we  fail  to  notice  briefly,  the  "  legislation  ,}  alluded  to  in 
the  law  of  the  extra  session  of  our  Legislature.  The  legislation 
here  recited,  can  only  refer  to  that  portion  of  the  adjustment 
measures  of  1850,  which  embraces  the  bills  to  admit  California  as 
a  State,  to  purchase  and  dispose  of  certain  territory  claimed  by  the 
State  of  Texas,  to  provide  governments  for  the  territories  of  Utah 
and  New  Mexico,  and  to  prohibit,  under  penalty  of  emancipation, 
the  introduction  of  slaves  into  the  District  of  Columbia,  for  the  pur- 
poses of  sale  or  merchandize.  It  is  this  '-legislation  "  which  had 
been  recited  in  the  Executive  proclamation,  as  the  pretext  of  con- 
vening the  Legislature  in  extraordinary  session.  It  is  the  same, 
which  subsequently  was  so  harshly  denounced  in  the  Executive 
message.  It  is  the  same,  which  has  been  so  extensively  discussed 
before  the  constituency  of  this  body,  in  common  with  the  law  "  to 
provide  for  a  Convention  of  the  people  of  Mississippi.'1 

If  this,  then,  constitutes  that  "  legislation  of  the  Congress  of  the 
United  States  "  denounced  by  the  Legislature  in  the  law  which 
convokes  this  body,  as  having  been  "  controlled  by  a  dominant  ma- 
jority, regardless  of  the  constitutional  rights  of  the  slave-holding 
States  "  and  as  "  reflecting  the  will  of  a  section  whose  population 
are  hostile  in  feeling  and  opposed  in  principle  to  a  long  established 
and  cherished  institution  of  these  Slates  of  the  South,'1  as  well  as 
affording  "  alarming  evidence  on  the  part  of  said  majority  of  a  set- 
tled purpose  to  destroy  said  institution  and  subvert  the  sovereign 
power  of  this  and  other  slave-holding  States,"  we  can  neither 
endorse  such  sentiments  nor  consent  to  act  on  the  principles  and  in- 
tent which  prompted  the  denunciation.  We  can  find  nothing  in 
said  "legislation  "  which  will  authorize  us  as  intimated  in  the  law 
"  to  adopt  any  measures  for  vindicating  the  sovereignty  of  the 
State  "  not  considering  the  same  to  have  been  w  assailed  "  by  Con- 
gress. We  are  the  more  confirmed  in  this  course,when  we  reflect  that 
most  of  the  c*  legislation  "  in  question,  was  in  strict  qpnformity  with 
the  demands  of  the  South,  and  was  supported  by  her  representa- 
tives nearly  unanimously,  in  the  Senate,  and  even  the  most  objec- 
tionable parts  of  it,  by  about  a' two-third  vote  in  the  House  of 
Representatives. 

To  the  end,  therefore,  that  the  position  of  this  State  in  Conven- 
tion with  such  "  legislation  of  the  Congress  of  the  United  States," 
may  be  fairly  and  fully  understood,  we  the  delegates  of  the  people 


26 


co'f  .Missis ^pi,  Jo  hereby  adopt  the  following  series  of  resolutions  : 

Whfcn  being  read,  was  referred  to  the  Committee  of  Thirteen 

Mr.  Vick  offered  the  following  resolution  : 

Resolved,  That,  in  the  opinion  of  this  Convention,  no  preamble 
to  the  resolutions  of  the  Committee  of  Thirteen  is  necessary. 

Whereupon,  Mr.  Collins  offered  the  following  as  a  substitute, 
to-wit: 

Resolved,  That  the  Committee  of  Thirteen  be  and  are  hereby 
instructed  to  report  a  preamble  to  accompany  such  resolutions  as 
may  be  passed  by  this  Convention. 

Which  was  adopted  in  lieu  of  that  offered  by  Mr.  Vick. 

On  motion  of  Mr.  Montgomery,  the  Convention  adjourned  until 
9  o'clock  to-morrow  morning. 


FRIDAY,  November  14th,  1851. 

The  Convention  met  pursuant  to  adjournment,  and  its  delibera- 
tions opened  with  prayer  by  the  Rev.  Mr.  Walker,  of  the  Metho- 
dist Church,  of  this  city. 

Mr.  F.  D.  Piner,  the  delegate  elect  from  the  county  of  Panola^ 
appeared,  was  qualified,  and  took  his  seat. 

On  motion  of  Mr.  Clark,  the  resolutions  reported  yesterday  by 
the  Committee  of  Thirteen,  were  laid  on  the  table. 

Mr.  Scruggs,  of  Marshall,  was  called  to  the  chair. 

And  the  folio  wing  resolution  offered  by  the  President  of  the  Con- 
vention, was  on  motion  of  Mr.  Sturges,  of  Copiah,  laid  on  the  table. 

Resolved,  That  this  Convention  respectfully  recommend,  to  the 
citizens  of  the  Statevof  Mississippi,  and  the  Southern  States  generally, 
the  urgent  necessity  of  planting  less  of  the  great  staple  of  the  South, 
of  sowing  and  harvesting  more  of  the  staff  of  life,  of  rearing  more  of 
every  description  of  stock,  and  of  the  encouragement  of  every  des- 
cription of  domestic  manufactures. 

On  motion  of  Mr.  Henry,  the  report  of  the  Committee  of  Thir- 
teen, was  called  from  the  table. — Mr.  Lake  in  the  chair. 

Mr.  Scruggs  offered  a  series  of  resolutions,  amendatory  of  the 
report  of  the  Committee  of  Thirteen, 

Which  was,  on  motion  of  Mr.  Johnson,  of  Warren,  laid  on  the 
table  for  the  present. 

On  motion  of  Mr.  Adams,  the  Convention  proceeded  to  the  con- 
sideration of  the  report  of  the  Committee  of  Thirteen,  by  sections,. 

The  first  Section  having  been  read,  Mr.  Johnston,  of  Hinds,  of- 
fered the  following  amendment  thereto,  to-wit: 

Amend  the  first  resolution,  by  adding  to  the  same,  at  its  conclu- 
sion, the  following  words,  ''so  long  as  the  same,  in  all  its  features, 
shall  be  faithfully  adhered  to  and  enforced.' 5 


I 


27, 


But  before  any  action  thereon,  on  motion  of  Mr:.  'Henry.-  -the 
report  and  amendment  was  laid  on  the  table,  and 

On  his  further  motion,  the  Convention  adjourned  until  3  o'clock 
p.  m. 

3  o'clock,  p.  a* 

The  Convention  met  pursuant  to  adjournment. 

Mr.  Foote  presented  a  memorial  of  sundry  citizens  of  Noxubee 
county,  praying  the  Convention  to  appoint  two  delegates  to  the. 
State  of  South  Carolina. 

Which  being  read, 

Mr.  Dabney,  moved  its  reference  to  the  Committee  of  Thirteen, 
"which  was  lost.    After  some  discussion, 

On  motion  of  ?vlr.  Cobb,  the  memorial  was  referred  to  the  Com- 
mittee of  Thirteen. 

Mr.  Johnson,  of  Warren,  from  the  Committee  of  Thirteen,  mads 
the  following  report  : 

Mr.  President  : — The  Committee  of  Thirteen,  who  were  in- 
structed to  report  a  preamble,  to  the  resolutions  which  they  reported 
to  the  Convention,  on  yesterday  evening,  beg  leave  to  report  the 
following,  viz  : 

PREAMBLE. 

The  people  of  Mississippi,  in  Convention  assembled,  adopt  the 
following  resolutions,  as  expressive  of  their  deliberate  judgment 
on  the  great  questions  involving  their  Constitutional  rights,  as  a 
constituent  part  of  the  American  Confederacy. 

Which  was  received, 

An:l  on  motion  of  ?>lr.  Johnson,  of  Warren,  five  hundred  copies 
ordered  to  be  printed,  for  the  use  of  the  Convention. 

Mr.  Cannon,  from  the  minority  of  the  Committee  of  Thirteen, 
presented  the  following  report : 

Mr.  President: — The  minority  of  the  Committee  of  Thirteen, 
selected  by  the  Convention,  beg  leave  to  report : 

That,  they  took  their  seats  in  this  body,  with  a  sincere  wish,  that 
its  deliberations  might  result  in  harmonious  action.  They  were 
earnestly  desirous  to  forward  the  action  of  the  majority ,so  as  to  se- 
cure a  consistent  and  defensible  position  for  the  State  of  Mississippi; 
consequently  they  have  sought  to  throw  no  obstacles  in  its  course, 
or  attempted  to  embarrass  its  movements.  Actuated  by  such  a 
spirit,  it  is  a  matter  of  profound  regret,  that  they  find  themselves 
constrained  to  differ,  on  many  essential  points,  with  those  represent- 
ing the  majority. 

They  deem  it  inexpedient,  that  the  State  of  Mississippi  should 
take  any  new*  position  on  the  subject  of  slavery.  They  hold,  that 
the  rights  and  wrongs  of  the  State,  have  been  fully  set  forth  and 
expounded  in  the  October  Convention  of  1S49.  That  they  are 
unwilling  that  any  other  or  distant  State,  shall  be  permitted  to  make 


;a'  pb&iticm ,..(#;•  pledge  the  aetioo  of  the  sovereignty  of  the  State  of 
Mississippi,  touching  the  Union  or  the  slavery  question  ;  as  she  has 
already  developed  the  principles  upon  which  she  can  assert  the  one 
and  vindicate  the  other. 

The  minority  of  the  Committee,  deems  it  right,  meet  and  proper, 
that  full  weight  should  be  given  in  the  action  of  the  Convention, 
to  the  will  of  the  majority  of  the  people  of  Mississippi,  as  express- 
ed in  the  election  of  September  last,  in  regard  to  the  slavery  ques- 
tion. Therefore,  they  state,  that  they  consider  acquiescence  in  the 
measures  of  the  late  Congress,  called  the  Compromise,  as  the  fixed 
and  settled  policy  of  the  State  of  Mississippi,  as  indicated  by  that 
election. 

Yet,  the  minority  feel  bound  to  say,  that  they  do.  not  and  cannot 
regard  the  election  in  September  last,  as  an  expression,  by  the  peo- 
ple, in  favor  of  the  justice  or  wisdom  of  the  whole  series  of  those 
measures,  but  rather,  as  a  reluctant  assent  to  them,  in  preference  to 
any  course  which  might  endanger  the  union  of  the  States,  or  jeop- 
ardize the  safety  of  the  South.  A  high  regard  for  the  truth  of 
history,  and  a  just  sense  of  the  rights  of  the  South,  demand  the 
assertion,  that  they  consider  the  people  as  protesting  against  a  por- 
tion of  the  Compromise  measures,  and  as  being  unwilling  that  those 
measures,  shall  ever  hereafter  be  invoked  as  precedents  of  right 
against  them  in  the  future  legislation  of  the  general  government. 

The  minority  deem  it  wholly  unnecessary  to  publish  the  loyalty 
of  Mississippi  to  the  Union,  and  the  Constitution  without  amend- 
ment, when  they  are  unable  to  perceive  any  thing  in  her  past  his- 
tory, in  the  council  hail,  or  upon  the  field  of  battle,  which  would 
justify  the  world  in  arraying  the  one  or  questioning  the  other.  She 
regards  the  Constitution  as  the  sacred  bond  of  the  Union.  All  she 
asks,  is,  that  it  be  fairly  construed  and  righteously  administered,  in 
order  to  secure  the  perpetual  devotion  of  her  people,  and  their 
obedience  to  the  laws  of  the  land.  Mississippi  has  never  questioned 
the  wisdom  of  our  form  of  government,  and  has  only  arraigned 
the  conduct  of  those  who  have  shown  themselves  strangers  to  the 
high  and  holy  spirit  in  which  it  was  framed,  and  traitors  to  the 
honor  and  good  faith  in  which  it  should  be  carried  out.  They 
cannot  further  perceive  the  necessity  which  has  led  to  the  solemn 
denial  of  a  right  to  do  that  which  no  one  is  now  proposing.  We 
are  yet  to  be  informed,  what  body  of  men  among  us  proposes  to 
secede  from  the  Union.  We  come  to  this  Convention  as  represent- 
ing the  sovereignty  of  the  State,  not  as  a  political  body  to  assert 
unmeaning  abstractions,  merely  to  color  the  present  hour.  But, 
inasmuch  as  the  majority  has  seen  proper  to  express  their  views 
upon  the  right  of  secession,  they  feel  justified  in  asserting  a  prin- 
ciple, announced  in  the  earliest  history  of  the  Government,  and 
consecrated  by  the  highest  names  of  the  Republic.  We  there- 
fore assert  "  that  the  several  States,  composing  the  United  States 
of  America,  are  not  united  on  the  principle  of  unlimited  submission 


29 

to  the  general  government,  but,  by  compact,  under  style  and  title 
of  a  Constitution  of  the  United  States,  and  of  amendments  thereto, 
they  constituted  a  General  Government  for  special  purposes,  dele- 
gated to  that  Government  certain  definite  powers,  reserving  each 
State  for  itself  the  residuary  mass  of  right  to  their  own  self  gov- 
ernment, and  that  whenever  the  General  Government  assumes  un- 
delegated powers,  its  acts  are  unauthorised,  void  and  of  no  effect  ; 
that  to  this  compact,  each  State  acceded,  as  a  State,  as  an  integral 
part}7,  that  this  Government  created  by  this  compact,  was  not  made 
the  exclusive  or  final  judge  of  its  powers  delegated  to  itself,  since 
that  would  have  made  its  discretion,  and  not  the  Constitution,  the 
measure  of  its  powers.  But,  as  in  all  other  cases  of  compact 
among  parties,  having  no  common  judge,  each  party  has  an  equal 
right  to  judge  for  itself,  as  well  of  infractions,  as  of  the  mode  and 
measure  of  redress."  The  minority  do  further  explicitly  and  per- 
emptorily declare,  that  we  view  the  powers  of  the  Federal  Gov- 
ernment, as  resulting  from  the  compact  to  which  the  States  are 
parties,  as  limited  by  the  plain  sense  and  intention  of  the  instru- 
ment constituting  the  compact,  as  no  farther  valid  than  authorised 
by  the  grants  enumerated  in  that  compact,  and  that  in  case  of  a 
deliberate,  palpable  and  dangerous  exercise  of  other  powers  not 
granted  by  said  compact,  (or  the  gross  and  flagrant  abuse  of  those 
granted,)  the  States  who  are  parties  thereto,  have  the  right,  and 
are  in  duty  bound,  to  interpose,  for  the  purpose  of  arresting  the 
progress  of  the  evil,  and  for  maintaining  within  their  respective 
limits,  the  authorities,  rights  and  liberties  appertaining  to  them. 

The  minority  cannot,  out  of  self-respect,  and  in  justice  to  them- 
selves, conceive,  with  the  majority,  that  the  Convention,  of  which 
we  are  a  part,  is  an  illegal  or  unconstitutional  body.  If  this  were 
true,  they  should  be  bound  by  their  oaths  to  adjourn.  Our  con- 
tinued session  would  be  a  palpable  fraud  upon  the  rights  of  their 
constituents.  The  date  of  our  organization  should  have  been  the 
date  of  our  dissolution.  They  are  unwilling  thus  to  stultKy  them- 
selves, or  to  stigmatize  those  who  refused  a  proposition  to  adjourn 
on  our  first  meeting.  We  regard  the  Convention  as  legally  and 
constitutionally  assembled,  and  whether  its  deliberations  should 
meet  our  wishes  or  otherwise,  we  cannot  hold  their  result  as  want- 
ing in  binding  force  Irom  any  defect  in  our  organization. 

In  conclusion,  the  minority  are  forced  to  disagree  with  the  7ih 
resolution  of  the  Committee.  They  hold  it  to  be  their  duty  to 
submit  the  action  of  the  Convention  to  the  people  of  the  State. 
An  ordinary  degree  of  respect  for  the  people  would  seem  to  them 
to  call  for  such  a  course.  Justice  and  fair  dealing  towards  our 
constituents  demand  it.  The  nature  of  our  organization  requires 
it.  We  are  holding  and  exercising  the  sovereignty  of  the  State 
Our  opinions,  our  acts,  become  the  solemn  will  of  the  people.  It 
is  an  universal  rule,  one  never  hitherto  violated  in  the  practice  of 
any  State  in  the  Union,  that  such  should  be  submitted  to  the  peo- 


30 


pie  for  their  judgment.  In  ordinary  legislative  action,  no  such  ne- 
cessity exists  ;  as  the  same  power  which  makes,  can  repeal  laws. 
But  when  the  sovereignty  of  the  State  has  acted,  it  can  never  be 
changed  without  calling  into  action  again  the  powers  of  the  people 
through  an  organized  form.  Hence  the  palpable  necessity  that 
their  opinion  should  be  had  before  any  supreme  rule  of  action,  any 
law,  any  great  principle,  should  be  imposed  upon  them.  Distrust 
of  the  popular  will,  does  not  become  a  popular  representative-  and 
we  have  ever  held  that  system  of  government  the  wisest,  which 
most  frequently  seeks  an  expression  of  the  popular  will. 

And  in  pursuance  of  the  foregoing  report,  the  minority  submit 
for  the  action  of  the  Convention  the  following  resolutions  : 

1st,  Resolved,  That  this  Convention  deems  it  inexpedient  to 
assume  any  new  or  farther  position  for  the  people  of  the  State  of 
Mississippi  on  the  slavery  question,  believing  that  their  position 
has  been  fully  defined  in  the  report  and  resolutions  of  the  October 
convention  of  1849. 

2nd.  Resolved,  That  this  Convention  deems  it  right  and  proper 
that  full  weight  should  be  given  in  its  action,  to  the  will  of  a  ma- 
jority of  the  people  of  Mississippi,  as  expressed  in  the  election  ot 
September  last,  in  regard  to  the  slavery  question. 

3c?,  Resolved)  That  this  Convention  considers  acquiescence  in  the 
measures  of  Congress,  called  the  Compromise,  as  the  settled 
policy  of  the  people  of  Mississippi,  as  indicated  by  that  election. 

4th)  Resolved,  That  this  Convention  does  not  regard  the  election 
in  September  as  an  expression  in  favor  of  the  justice  or  wisdom  of 
the  whole  series  of  those  measures,  but,  rather  as  an  assent  yielded 
to  them,  by  the  people,  in  preference  to  the  adoption  of  any  course 
which  might  tend  to  endanger  the  Union  of  the  States,  and  that 
•while  the  people  have  thus  yielded  their  assent  to  those  measures, 
in  view  of  all  the  surrounding  circumstances,  they  have  in  nowise 
intended  to  sanctionthem,  as  that  they  shall  be  hereafter  invoked  ag 
precedents  of  right  against  them. 

oth,  Resolved,  That  this  Convention  deems  it  proper  to  declare 
that  the  Government  of  the  United  States  is  one  of  delegated  pow- 
ers, formed  by  delegates  from  the  several  sovereign  States,  and 
limited  by  a  written  Constitution,  which  was  ratified  by  the  States 
separately  ;  that  all  powers  not  expressly  delegated,  or  necessary 
to  carry  out  the  delegated  powers,  were  reserved  to  the  States  res- 
pectively, and  it  necessarily  follows,  that  any  State  possesses  the 
right  to  judge  of  infractions  of  the  Constitution;  and  whenever  an 
exigency  shall  arise,  which,  in  the  opinion  of  the  people  of  the 
State,  is  sufficient  to  justify  the  step,  such  State  has  an  unques- 
tionable right  to  resume  the  delegated  powers  andSvithdraw  from 
the  Union.    All  of  which  is  respectfully  submitted  bv, 

WM.  R.  CANNON, 
W.  P.  HARRIS, 
SAM'L  N.  GILLILAND. 


31 


Which  was  received,  and  on  motion  of  Mr.  Cannon,  500  copies 
ordered  to  be  printed,  and  the  report  laid  on  the  table. 

On  motion  of  Mr.  Johnson,  of  Warren,  the  Committee  of  Thir- 
teen were  discharged  from  the  farther  consideration  of  the  subjects 
referred  to  them. 

Leave  of  absence  was  granted  to  Mr.  Ventress  during  his  indis- 
position. 

On  motion  of  Mr.  Johnson,  of  Warren,  the  report  of  the  Com- 
mittee of  Thirteen  was  called  from  the  table. 

The  question  recurred  on  the  amendment  offered  to  the  first  res- 
olution in  the  report,  by  Mr.  Johnston,  of  Hinds. 

Mr.  Scruggs  moved  that  the  amendment  be  laid  on  the  table  ; 
which  was  decided  in  the  negative,  by  yeas  and  nays  as  follows: 

Those  who  voted  in  the  affirmative,  are,  Messrs.  Ashe,  Billups, 
Bailey,  Burrus,  Champlin,  Clark,  Cobb,  Davis,  Evans  of  Lauder- 
dale, Easteriing,  Garner,  Golladay,  Johnson  of  Warren,  Jones  of 
Tippah,  Kinyon,  Lowry,  Lake,  McMurran,  McAllum,  Piner, 
Robertson,  Scruggs,  Vick,  Vaughan,  and  Watson  of  Marshall, — 
yeas  25. 

Those  who  voted  in  the  negative,  are,  Mr.  President,  Messrs. 
Alcorn,  Adams,  Banks,  Barksdale,  Benton,  Butler,  Backstrom, 
Boatner,  Cherry,  Cannon,  Connelly,  Caruthers,  Collins,  Cole, 
Duncan  of  Itawamba,  Duncan -of  Lafayette,  Duncan  of  Tishomin- 
go, Dabney,  Evans  of  Chickasaw,  Edwards,  Fox,  Foote,  Griffin, 
Gwin,  Huff,  Hemingway,  Hart,  Huie,  Hale,  Henry,  Holmes, 
James,  Johnston  of  Hinds,  Johnson  of  Washington,  Jones  of  Frank- 
lin, Jones  of  Madison,  Jones  of  Pontotoc,  Keown,  Miller,  Mont- 
gomery, Myers,  Muse,  MoLendon,  McLeod,  McDonald,  McDow- 
ell, Niles,  Purdom,  Phillips,  Powe,  Rankin,  Sawyer,  Scales,  Shar- 
key, Smith,  Snedecor,  Stovall,  Sturges  of  Copiah,  Sturges  of  Simp- 
son, Sullivan,  Veazie,  Watson  of  De  Soto,  Wells,  Williams,  Wil- 
son of  Claiborne,  and  Wilson  of  Pontotoc, — nays  67. 

The  question  was  then  taken  on  the  adoption  of  the  amendment 
of  Mr.  Johnston,  of  Hinds,  and  decided  in  the  affirmative  ;  and 

On  motion  of  Mr.  Alcorn,  the  1st  resolution  in  the  report  of 
the  Committee  was  adoptpd  as  amended. 

The  second  resolution  reported  by  the  Committee  was  then  read. 

Mr.  Jones,  of  Pontotoc,  moved  to  amend  the  same  so  as  to  read, 
"  That  the  above  recited  acts  of  legislation  of  the  Congress  of  the 
United  States,  do  not  afford  sufficient  cause  to  disturb  the  friendly 
and  peaceful  'existing  relations  between  the  Government  of  the 
United  States  and  the  Government  and  people  of  the  State  of 
Mississippi.' " 

Which  was  lost. 

On  motion  of  Mr.  Johnson,  of  Warren,  the  second  resolution  as 
reported  by  the  Committee,  was  adopted. 

The  third  resolution  reported  by  the  Committee  was  then  read. 
Mr.  Adams  offered  the  following  as  an  amendment  thereto  :-— 


32 


Amend  the  third  resolution  by  adding  to  it,  as  follows  : 
"  That  they  hold  the  Union  secondary  in  importance  only  to  the 
rights  and  principles  it  was  designed  to  perpetuate ;  that  past  asso- 
ciations, present  fruition  and  future  prospects  will  hind  them  to  it 
so  long  as  it  continues  to  be  the  safeguard  of  those  ri°hts  and 
principles." 

Which  was  adopted. 

The  question  then  recurred  on  the  adoption  of  said  resolution  as 
amended,  and  decided  in  the  affirmative. 
The  fourth  resolution  having  been  read, 

Mr.  Barksdale  moved  that  it  be  stricken  out  from  the  report,  but 
before  the  question  was  taken  thereon, 

On  motion  of  Mr.  Henry,  the  Convention  adjourned  until  7 
o'clock,  p.  m. 

7  o'clock,  p.  m. 

The  Convention  met  pursuant  to  adjournment. 
Mr.  Lake  wras  called  to  the  chair. 

The  question  recurred  on  the  motion  of  Mr.  Barksdale,  to  strike 
out  the  fourth  resolution  reported  by  the  Committee. 

Mr.  Sturges,  of  Copiah,  moved  that  the  Convention  adjourn  un- 
til 9  o'clock  to-morrow  morning.  • 

Which  motion  failing,  Mr.  Barksdale  withdrew  his  amendment. 

After  some  discnssion,  Mr.  Barksdale  renewed  his  amendment. 

Whereupon,  Mr.  Cobb  offered  the  following  resolution  as  a  sub- 
stitute, to-wit: 

Amend  the  amendment,  by  striking  6ut  the  fourth  resolution  and 
inserting  the  following  as  a  substitute: 

Resolved,  That  while  admitting  the  doctrine  of  the  fourth  reso- 
lution of  the  series,  reported  by  the  Committee  of  Thirteen,  it  is 
inexpedient,  (in  as  much  as  it  is  unprecedented,)  to  adopt  an  open 
and  abstract  question  as  the  permanent  position  of  a  sovereign 
State;  but,  that  the  doctrine  of  said  resolution  may,  and  should  be 
asserted  as  a  matter  of  opinion  by  the  members  of  this  Convention, 
apart  from  the  main  body  of  its  action,  in  connexion  with  the  '<  le- 
gislation of  the  Congress  of  the  United  States,"  recited  in  the  first 
resolution  of  the  series. 

A  division  of  the  question  being  demanded,  the  question  was 
taken  on  striking  out,  and  decided  in  the  negative,  by  yeas  and  nays 
as  follows : 

Those  who  voted  in  the  affirmative,  are,  Messrs.  Barksdale,  Bil- 
lups,  Brackstrom,  Cherry,  Cobb,  Cannon,  Connelly,  Evans  of 
Lauderdale,  Easter!  nig,  Edwards,  Gilliiand,  Golladay,  Jones  of 
Franklin,  Keown,  Miller,  McLendon,  Phillips,  Scales,  Smith, 
Sturges  of  Copiah,  Sturges  of  Simpson,  and  Wells, — yeas  22, 

Those  who  voted  in  the  negative  were,  Mr.  President,  Messrs 


33 


Alcorn,  Adams,  Ashe,  Banks.  Benton,  Butler,  Boatner,  Bailer, 
Barrus, Champlin,  Clark,  Collins,  Cole,  Duncan  of  Itawamba, 
Duncan  of  Lafayette,  Dabney,  Davis,  Fox,  Foote,  Griffin,  Gwm' 
Garner,  Huff,  Hemingway,  Hart,  Huie,  Hale,  Henry,  Holmes' 
James,  Johnston  of  Hinds,  Johnson  of  Warren,  Jones  of  Madison,, 
Jones  of  Pontotoc,  Jones  of  Tippah,  Kinyom  Lowry,  Lake,  Mont- 
gomery, Myers,  Muse,  McMurran,  McLeod,  McAlium,  McDonald 
McDowell,  Isiies,  Purdom,  Finer,  Powe,  Robertson,  Rankyj. 
Sawyer,  Scruggs,  Sharkey,  Snedecor,  Stovail,  Sullivan,  Veazie, 
Vick,  Vaughan,  Watson  of  Marshall,  Watson  of  De  Soto,  Williams, 
Wilson  of  Claiborne  and  Wilson  of  Pontotoc, — nays  67. 

The  question  then  recurred  on  the  adoption  of  the  fourth  resok  - 
tion  in  the  report  of  the  Committee. 

Mr.  Backstrom  then  offered  the  following  amendment,  tb-wit 

Amend  by  adding  the  following  : 

"  But  that  the  Federal  Government  has  no  power  conferred  upou. 
it  by  the  Constitution  to  coerce  a  sovereign  State  of  this  confede- 
racy." 

Mr.  Alcorn  called  for  the  previous  question,  and  the  question 
was,  M  shall  the  main  question  be  now  put?" 
Which  being  sustained, 

The  question  was  then  taken  on  the  adoption  of  the  fourth  reso- 
lution, in  the  report  of  the  Committee,  and  decided  in  the  affirma- 
tive, by  yeas  and  nays,  as  follows  : 

Those  who  voted  in  the  affirmative  are,  Mr.  President,  Messrs, 
Alcorn,  Adams,  Ashe,  Banks,  Benton,  Billups,  Butler,  Boatner, 
Bailey,  Burrus,  Champlin,  Clark,  Cobb,  Coie,gCollins,  Lr.nean  of 
Itawamba,  Duncan  of  Lafayette,  Dabney,  Davis,  Evans  of  Lauder- 
dale, Evans  of  Chickasaw,  Fox,  Fooie,  Griffin,  Gwin,  Garner, 
Golladay,  Huff,  Hemingway,  Hart,  Huie,  Hale,  Henry,  Holmes, 
James,  Jobnston  of  Hinds,  Johnson  of  Warren,  Jones  of  Madi- 
son, Jones  cf  Pontotoc,  Jones  of  Tippah,  Kinyon,  Lowry,  Lake. 
Montgomery,  Myers,  Muse,  McMurran,  McLeod,  McAlium,  Mc- 
Donald, McDowell,  ]N~iles,  Purdom,  Piner,  Powe,  Robertson,  R£n- 
kin,  Sawyer,  Scruggs,  Sharkey,  Snedecor,  Stovail,  Sullivan.  Yea- 
zie,  Vick,  Vaughan,  Watson  of  Marshall,  Watson  of  De  Soto, 
Wells,  Williams.  Wilson  of  Claiborne  and  Wilson  of  Pontotoc, — 
yeas  73. 

Those  who  voted  in  the  negative  are,  Messrs.  Barksdale,  Back- 
strom, Cherry,  Cannon,  Connelly,  Easterling,  Edwards,  Gilliland, 
Jones  of  Franklin,  Keown,  Miller,  McLendon,  Phillips.  Scales , 
Smith,  Sturges  of  Copiah  and  Sturges  of  Simpson. — nays  17. 

On  motion  of  Mr.  Johnson,  of  Warren,  the  Convention  adjourn- 
ed until  9  o'clock,  to-morrow  morning. 


SATURDAY,  November  1%  1851. 

The  Convention  met  pursuant  to  adjournment. 
Leave  was  granted  to  Mr.  Harris  to  make  a  personal  explanation. 
After  which,  the  Convention  proceeded  to  the  consideration  of 
the  fifth  resolution  reported  by  the  Committee  of  Thirteen. 
Which  being  read, 

Mr.  Sturges,  of  Simpson,  offered  the  following  amendment : 
Add  after  the  word  "  resistance,"  in  the  fourth  line,  the  words 
M  even  to  a  disruption  of  every  tie^  which  binds  us  to  the  Union." 
Mr.  Foote,  moved  to  lay  the  same  on  the  table. 
But  before  any  action  thereon, 

Mr.  Harris  offered  the  following  as  a  substitute  therefor,  viz : 

"  That  in  view  of  the  declaration  contained  in  the  5th  resolution, 
this  Convention  deems  it  expedient  to  declare  that  in  the  event 
that  the  people  of  Mississippi  shall  determine  to  withdraw  from  the 
Union,  on  the  happening  of  any  one  of  the  contingencies  enumer- 
ated in  said  resolution,  that  the  Federal  Government  would  have 
no  right,  in  such  event,  to  compel  the  people  of  Mississippi  to  re- 
turn to  the  Union.'' 

Mr.  Piner  moved  to  lay  the  same  on  the  table. 

Mr.  Foote  called  for  the  previous  question,  which  was  sustained. 

Mr.  Banks  moved  to  reconsider  the  vote  on  the  previous  ques- 
tion.   Which  motion  prevailing, 

The  question  then  recurred  on  the  adoption  of  the  amendment 
submitted  by  Mr.  Harris. 

Mr.  Clark  moved  to  lay  the  amendment  on  the  table,  which  was 
decided  in  the  affirmative,  by  yeas  and  nays,  as  follows  : 

Those  who  voted  in  the  affirmative  were,  Mr.  President,  Messrs. 
Alcorn,  Adams,  Ashe,  Banks,  Benton,  Billups,  Butler,  Boatner, 
Bailey,  Burrus,  Champlin,  Clark,  Cobb,  Caruthers,  Collins,  Cole, 
Duncan  of  Itawamba,  Duncan  of  Lafayette,  Duncan  of  Tishomin- 
go, Dabney,  Davis,  Evans  of  Chickasaw,  Evans  of  Lauderdale, 
Edwards,  Fox,  Foote,  Griffin,  Gwin,  Garner,  Golladay,  Huff, 
Hart,  Huie,  Hale,  Henry,  Holmes,  James,  Johnston  of  Hinds, 
Johnson  of  Warren,  Johnson  of  Washington,  Jones  of  Franklin, 
Jones  of  Madison,  Jones  of  Pontotoc,  Jones  of  Tippah,  Lowry, 
Lake,  Montgomery,  Myers,  McMurran,  McLeod,  McAUum,  Mc- 
Donald, McDowell,  Niles,  Purdom,  Phillips,  Piner,  Powe,  Rob- 
ertson, Sawyer,  Scruggs,  Sharkey,  Snedecor,  Stovall,  Sullivan, 
Yick,  Vaughan,  Watson  of  Marshall,  Watson  of  De  Soto,  Wells, 
Williams,  Wilson  of  Claiborne  and  Wilson  of  Pontotoc, — yeas  74. 

Those  who  voted  in  the  negative  were,  Messrs.  Barksdale,Back- 
strom,  Cherry,  Cannon,  Connelly,  Easterling,  Gilliland,  Heming- 
way, Harris,  Keown,  Kinyon,  Miller,  Muse,  McLendon,  Rankin, 
Scales,  Smith,  Sturges  of  Copiah  and  Sturges  of  Simpson,—- nays 
19. 

■ 


35 


Mr.  Banks  moved  to  amend  the  third  clause  in  the  fifth  resolu- 
tion. 

After  the  words  "  any  action  of  Congress,"  the  following : 

"Abolishing  Slavery  in  the  District  of  Columbia,  or  in  the  Forts 
and  Arsenals  of  the  United  States,  and  all  legislation  incompatible." 

Mr.  Finer  moved  to  lay  the  amendment  on  the  table,  which  was 
decided  in  the  affirmative,  by  yeas  and  nays,  as  follows  : 

Those  voting  in  the  affirmative  were,  Mr.  President,  Messrs. 
Alcorn,  Billups,  Butler,  Boatner,  Baily,  Burrus,  Champlin,  Clark, 
Caruthers,  Collins,  Cole,  Duncan  of  Itawamba,  Duncan  of  Lafay- 
ette, Dabney,  Davis,  Evans  of  Lauderdale,  Easterling,  Edwards, 
Fox,  Foote,  Griffin,  Gwin,  Garner,  Golladay,  Hemingway,  Hart, 
Huie,  Hale,  Henry,  Holmes,  James,  Johnston  of  Hinds,  Johnson 
of  Warren,  Jones  of  Madison,  Jones  of  Pontotoc,  Kinyon,  Lowry, 
-  Lake,  Montgomen7,  Myers,  Muse,  McMurran,  McAllum,  McDon- 
ald, McDowell,  Niles,  Purdom,  Phillips,  Piner,  Powe,  Robertson, 
Sawyer,  Scruggs,  Snedecor,  Stovall,  Sullivan,  Veazie,  Vick, 
Vaughan,  Watson  of  Marshall, Watson  ofDe  Soto.  Wells,  Williams, 
Wilson  of  Claiborne  and  Wilson  of  Pontotoc, — yeas  66. 

Those  who  voted  in  the  negative,  were,  Messrs.  Adams,  Ashe, 
Banks,  Barksdale,  Backstrom,  Cherry,  Cannon,  Connelly,  Duncan 
cf  Tishomingo,  Giliiland,  Huff,  Harris,  Jones  of  Franklin,  Jones  of 
Tippah,  Keown,  Miller,  McLendon,  Rankin,  Scales,  Sharkey, 
Smith,  Sturges  of  Copiah  and  Sturges  of  Simpson, — nays  23. 

Mr.  Evans,  of  Chickasaw,  offered  the  following  amendment  to 
the  3d  clause  of  the  5th  resolution: 

Amend  by  striking  out  the  words  "  on  the  subject  of,"  and  insert 
the  word  "abolishing." 

Mr.  Footedemanded  the  previous  question,  which  being  sustained; 

The  question  was  then  put  on  the  adoption  of  the  5th  resolution, 
as  reported  by  the  Committee  of  Thirteen,  and  decided  in  the  af- 
firmative, by  yeas  and  na}Ts,  as  follows  : 

Those  who  voted  in  the  affirmative,  are,  Mr.  President,  Messrs, 
Alcorn,  Adams,  Ashe,  Banks,  Barksdale,  Billups,  Benton,  Butler, 
Boatner,  Bailey,  Burrus,  Champlin,  Clark,  Cobb,  Caruthers,  Col- 
lins, Cole,  Duncan  of  Itawamba,  Duncan  of  Lafayette,  Duncan  of 
Tishomingo,  Dabney,  Davis,  Evans  of  Chickasaw,  Evans  of  Lau- 
derdale, Edwards,  Fox,  Foote,  Griffin,  Gwin,  Garner,  Golladay, 
'Huff,  Hemingway,  Hart,  Huie,  Hale,  Henry,  Holmes,  James, 
Johnston  of  Hinds,  Johnson  of  Warren,  Johnson  of  Washington, 
Jones  of  Franklin,  Jones  of  Madison,  Jones  of  Pontotoc,  Jones  of 
Tippah,  Kinyon,  Lowry.  Lake,  Montgomery,  Myers,  Muse,  Mc- 
Murran, McLeod,  McAllum,  McDonald,  McDowell,  Niles,  Pur- 
dom, Phillips,  Piner,  Powe,  Robertson,  Rankin^  Sawyer,  Scruggs, 
Sharkey,  Snedecor,  Stovall,  Sullivan,  Veazie,  Vick^.  Vaughan, 
Watson  of  Marshall,  Watson  of  De  Soto,  Wells,  Williams,  Wilson 
of  Claiborne  and  Wilson  of  Pontotoc, — yeas  SO. 

Those  who  voted  in  the  negative,  are,  Messrs,  Backstrom,  Cher- 


I 


36 


ry,  Cannon,  Connelly,  Easterling,  Giliiland,  Harris,  Miller,  Mc- 
Lendon,  Scales,  Smith,  Sturges  of  Copiah  and  Sturges  of  Simp- 
son,— nays  13. 

Mr.  Benton,  a  delegate  elect  from  the  county  of  Marshall,  pre- 
sented his  credentials,  was  qualified  and  took  his  seat. 

The  Convention  then  proceeded  to  the  consideration  of  the  sixth 
resolution,  as  reported  by  the  Committee  of  Thirteen, 

Which  was  read,  and  adopted. 

On  motion  of  Mr.  Sturges,  of  Simpson,  leave  of  absence  was 
granted  to  Mr.  Harris. 

The  seventh  resolution  was  then  read,  as  reported  by  the  Com- 
mittee. 

On  motion  of  Mr.  Veazie,  the  word  "  consideration"  in  the  sixth, 
line  was  stricken  out. 

Mr.  Scruggs  then  offered  the  following  amendment  to  the  7th 
resolution ;  viz  : 

"  Strike  out  the  7th  resolution,  and  insert  the  following  as  the 
last  of  the  series,  viz  : 

"Resolved,  8th,  That  the  foregoing  resolutions  can  be  submit* 
ted  to  the  people  of  the  State,  for  their  approval  or  disapproval,  at 
such  time  and  in  such  mode  as  the  Legislature  of  the  State  may., 
at  its  next  session,  provide." 

Mr.  Dabney  offered  the  following  as  an  amendment;  which  was 
read: 

"  Amend  by  striking  out  the  7th  resolution,  and  insert  in  lien 
thereof,  the  following  : 

"  That  in  pursuance  of  the  act  of  the  late  extraordinary  session 
of  the  Legislature  of  this  State,  approved  November  30,  1850,  that 
these  resolutions  be  submitted  to  the  people  of  this  State  at  the 
ballot  box,  at  the  next  general  election,  to  be  held  on  the  first  Mon- 
day and  day  following  in  November  1853,  for  their  approval  or 
disapproval,  and  that  the  Sheriff"  or  other  proper  officer  of  the  sev- 
eral counties,in  holding  said  election,  shall  submit  to  each  qualified 
voter,  specially  the  question  :  "Do  you  approve  of  these  resolu- 
tions ?"  and  the  Clerk  or  Clerks  of  said  election  shall  record  the 
sense  of  the  voter  by  writing  opposite  his  name  if  in  favor  of  the  reso- 
lutions, the  word,  "approved,"  and  if  opposed  to  said  resolutions,  the 
words,  u  not  approved,"  the  returns  of  which  said  election,  so  held 
as  aforesaid,  shall  be  made  by  the  Sheriff,  or  other  proper  officer  of 
the  several  counties  in  this  State  to  the  Secretary  of  State,  and  it 
shall  be  the  duty  of  the  Governor  of  this  State,  upon  a  comparison 
of  the  polls,  to  issue  his  Proclamation  declaring  the  result  of  said 
election." 

Mr.  Cobb,  offered  the  following  as  a  substitute  therefor ; 

Amend  the  7th  resolution,  so  that  it  may  read, 

Resolved,  further,  7tfa,  That,  as  the  people  of  the  State  of  Mis- 
sissippi, in  the  opinion  of  this  Convention,  desire  all  further  agita- 
tion of  the  slavery  question  to  cease;  and  have  acted  upon  all  the 


37 


foregoing  questions,  thereby  making  it  the  duty  of  this  Conven- 
tion to  pass  no  acts  within  the  purview  and  spirit  of  the  law  under 
which  it  was  called,  this  Convention  deems  it  unnecessary  to  re- 
fer to  the  people,  its  action  in  the  premises,  further  than  to  invite 
its  constituency  to  express  their  approval  or  disapproval  of  these 
resolutions,  at  the  next  general  State  elections  to  be  held  in  this 
State. 

Mr.  Alcorn,  offered  the  following  proviso,  which  having  been 
read,  was  accepted  by  Mr.  Cobb  : 

^Provided,  however,  that  in  enumerating  the  votes  cast  in  favor 
of  said  resolutions,  those  voting  for  representatives  at  said  election, 
who  may  not  vote  upon  said  resolutions,  shall  be  considered  and 
counted  as  voting  therefor." 

Mr.  Montgomery  called  for  the  previous  question,  and  the  ques- 
tion was,  "  shall  the  main  question  be  now  put  ?" 

And  decided  in  the  negative  by  yeas  and  nays,  as  follows  : 
,  Those  who  voted  in  the  affirmative,  are,  Messrs.  Adams,  Banks, 
Butler,  Bailey,  Caruthers,  Collins,  Duncan  of  Itawamba,  Duncan  of 
Tishomingo,  Evans  of  Chickasaw,  Easterling,  Edwards,  Foote, Gar- 
ner, Huff,  Hemingway,  Henry,  James,  Johnston  of  Hinds,  Jones  of 
Madison,  J  ones  of  Pontotoc,  Jones  of  Tippah,  Kinyon,  Montgomery, 
Myers,  Muse,  McMurran,  McLeod,  NUes,  Phillips,  Piner,  Powe, 
Rankin,  Sawyer,  Sharkey,  Stovall,  Sullivan,  Veazie,  Watson  of 
Marshal],  Wilson  of  Claiborne,  and  Wilson  of  Pontotoc, — yeas  40. 

Those  who  voted  in  the  negative,  were,  Mr.  President,  Messrs. 
Alcorn,  Ashe,  Barksdale,  Billups,  Benton,  Backstrom,  Boatner, 
Burrus,  Champlin,  Clark,  Cherry,  Cobb,  Cannon,  Connelly,  Cole, 
Duncan  of  Lafayette,  Dabney,  Davis,  Evans  of  Lauderdale,  Gilli- 
iand,  Griffin,  Gwin,  Golladay,  Hurst,  Hart,  Hale,  Holmes,  Johnson 
of  Warren,  Jones  of  Franklin,  Lowry,  Lake,  Miller,  McLendon, 
McAllum,  McDonald,  McDowell,  Purdom,  Robertson,  Scruggs, 
Smith,  Snedecor,  Sturges  of  Copiah,  Sturges  of  Simpson,  Vick, 
Vaughan,  Watson  of  De  Soto,  Wells,  and  Williams, — nays  49. 

Mr.  Henry  moved  to  adjourn  until  3  o'clock,  which  was  lost. 

On  motion  of  Mr.  Piner,  the  Convention  adjourned  until  half 
past  two  o'clock,  p.  m. 

2J  o'clock,  p.  m.^ 

The  Convention  met  pursuant  to  adjournment. 

And  the  question  recurred  on  the  adoption  of  the  amendment  of- 
fered to  the  7th  resolution  by  Mr.  Cobb,  as  amended. 

On  motion  of  Mr.  Clark,  the  amendments  were  laid  on  the  tab  !e. 

Mr.  Clark  offered  the  following  amendment : 

u  Amend  by  adding  at  the  end  of  the  resolution,  these  words, 

"  But  the  Legislature  can  at  its  next  session,  if  it  deems  it  necessa- 
ry, provide  for  the  submission  of  these  resolutions  to  the  people." 
Which,  on  motion  of  Mr.  Watson,  of  Marshall,  was  laid  on  the  table, 


3S 


Mr.  Niles  moved  that  the  amendment  be  called  Trom  the  table. 
Which  was  lost. 

Mr.  Watson,  of  Marshall,  moved  the  adoption  of  the  7th  reso- 
lution as  reported  by  the  Committee  of  Thirteen. 

Mr.  Niles  moved  that  the  vote  laying  the  amendments  on  the 
table,  be  reconsidered,  which  was  decided  in  the  affirmative,  by- 
yeas  and  nays,  as  follows  : 

Those  who  voted  in  the  affirmative,  are,  Mr.  President,  Messrs 
Alcorn,  Adams,  Ashe,  Barksdale,  Billups,  Benton,  Butler,  Cham™ 
plin,  Clark,  Cherry,  Cobb,  Cannon,  Connelly,  Caruthers,  Duncan 
of  Lafayette,  Dabney,  Davis,  Evans  of  Lauderdale,  Easterling, 
Foote,  Gilliland,  Griffin,  Gwin,  Golladay,  Harris,  Hale,  Henry, 
Holmes,  James,  Jones  of  Franklin,  Jones  of  Madison,  Jones  of 
Pontotoc,  Keown,  Myers,  Muse,  McLendon,  McLeod,  McAllum? 
McDonald,  McDowell,  Niles,  Purdom,  Piner,  Powe,  Robertson, 
Rankin,  Scruggs,  Scales,  Snedecor,  Stovall,  Sturges  of  Simpson 
Vick,  Vaughan,  Ventress,  Watson  of  Marshall,  Watson  of  De 
Soto,  Wells,  Williams  and  Wilson  of  Pontotoc, — yeas  60. 

Those  who  voted  in  the  negative,  are,  Messrs.  Banks,  Boatner, 
Bailey,  Burrus,  Collins,  Cole,  Duncan  of  Itawamba,  Duncan  of 
Tishomingo,  Evans  of  Chickasaw,  Edwards,  Garner,  Hurst,  Huff. 
Hemingway,  Hart,  Johnston  of  Hinds,  Johnson  of  Warren,  Jones 
of  Tippah,  Kinyon,  Lowry,  Lake,  Miller,  Montgomery,  McMur- 
ran,  Phillips,  Sawyer,  Sharkey,  Smith,  Sturges  of  Copiah,  Sulli- 
van, Veazie  and  Wilson  of  Claiborne, — nays  32. 

Mr.  Butler  then  moved  that  the  Convention  adjourn  until  Mon- 
day morning,  10  o'clock.    Which  was  lost. 

Mr.  Snedecor  offered  the  following  resolution  : 

Resolved,  That  this  Convention  do  now  adjourn  sine  die. 

Which,  on  motion  of  Mr.  Clark,  was  laid  on  the  table. 

On  motion  of  Mr.  Adams,  the  Convention  adjourned  until  seven 
o'clock,  p.  m. 

7  o'clock  p.  m. 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Adams,  the  regular  business  was  suspended 
to  enable  him  to  introduce  the  following  resolution,  viz  : 

Resolved,  That  the  Secretary  of  thisConvention.be  and  he  is 
hereby  allowed,  not  exceeding  three  days  after  the  adjournment,  in 
order  to  complete  the  Journals  and  furnish  the  same  to  the  Printer 
of  this  Convention.    Which  was  adopted. 

The  question  then  recurred  on  the  adoption  of  Mr.  Cobb's  amend- 
ment and  proviso,  to  the  7th  resolution. 

Mr.  Scruggs  called  for  a  division  of  the  amendment,  but  before 
any  action  thereon, 

Mr.  Niles  moved  to  lay  the  amendments  on  the  table,  which 
was  decided  in  the  affirmatively  yeas  and  nays,  as  follows  : 


Those  who  voted  in  the  affirmative,  are,  Mr.  President,  Messrs 
Banks,  Butler,  Backstrom,  Boatner,  Bailey,  Burrus,  Cherry,  Can= 
non,  Connelly,  Caruthers,  Duncan  of  Itawamba,  Duncan  of  Tish- 
omingo,  Davis,  Evans  of  Chickasaw,  Easterling,  Gilliland,  Garner, 
Huff,  Hemingway,  Hart,  Harris,  Hale,  Johnston  of  Hinds,  John- 
son of  Warren,  Jones  of  Tippah,  Keown,  Kmyon,  Lowry,  Lake. 
Miller,  Muse,  McMurran,  McLendon,  Kites,  Phillips,  Rankin. 
Sawyer,  Scales,  Sharkey,  Smith,  Sturges  of  Copiah,  Sturges  of 
Simpson,  Sullivan,  Veazie,  Vick,  Watson  of  Marshall  and  Wilson 
of  Claiborne, — yeas  4S. 

Those  who  voted  in  the  negative,  are,  Messrs.  Alcorn,  Ashe, 
Billups,  Benton,  Champlin,  Clark,  Cobb,  Collins,  Cole,  Duncan  of 
Lafayette,  Dabney,  Evans  of  Lauderdale,  Foote,  Griffin,  Gwin, 
Golladay,  Hurst,  Henry,  Holmes,  James,  Jones  of  Franklin,  Jones 
of  Madison,  Jones  of  Pontotoc,  Montgomery,  Myers,  McLeod, 
McAUum,  McDonald,  McDowell,  Purdom,  Piner,  Powe,  Robert- 
son, Scruggs,  Snedecor,  Stovall,  Vaughan,  Watson  of  De  Soto, 
Wells,  Williams  and  Wilson  of  Pontotoc, — nays  41. 

Mr.  Scruggs  called  for  the  previous  question,  which  being 
sustained, 

The  question  was  taken  on  the  adoption  of  the  7th  resolution  as 
amended,  and  decided  in  the  affirmative,  by  yeas  and  nays  as  follows: 

Those  who  voted  in  the  affirmative,  are,  Mr.  President,  Messrs., 
Adams,  Ashe,  Banks,  Butler,  Boatner,  Bailey,  Burrus,  Champlin, 
Clark,  Caruthers,  Collins,  Duncan  of  Itawamba,  Duncan  of  Tish- 
omingo, Davis,  Evans  of  Chickasaw,  Foote,  Gwin,  Garner,  Hurst, 
Huff,  Hemingway,  Hart,  Hale,  Henry,  James,  Johnston  of  Hinds, 
Johnson  of  Warren,  Johnson  of  Washington,  Jones  of  Pontotoc, 
Jones  of  Tippah,  Klnyon,  Lowry,  Lake,  Montgomery,  Myers, 
Muse,  McMurran,  McLeod,  McDonald,  JXiles,  Purdom,  Phillips, 
Powe,  Sawyer,  Scruggs,  Sharkey,  Sullivan,  Veazie,  Vick,  Watson, 
of  Marshall,  Wilson  of  Claiborne  and  Wilson  of  Pontotoc,-yeas  53, 

Those  who  voted  in  the  negative,  are,  Messrs.  Alcorn,  Barks- 
dale,  Billups,  Benton,  Backstrom,  Cherry,  Cobb,  Cannon.  Connel- 
ly, Cole,  Duncan  of  Lafayette,  Dabney,  Evans  of  Lauderdale, 
Easterling,  Gilliland,  Griffin,  Golladay,  Harris,  Holmes,  Jones  of 
Franklin,  Jones  of  Madison,  Keown,  Miller,  McLendon,  McAUum, 
McDowell,  Piner,  Robertson,  Rankin,  Scales,  Smith,  Snedecor, 
Stovall,  Sturges  of  Simpson,  Sturges  of  Copiah,  Vaughan,  Ven- 
tress,  Watson  of  De  Soto,  Wells  and  Williams, — nays  40. 

The  Sth  resolution  reported  by  the  Committee  was  then  read, 

Mr.  Scruggs  called  for  the  previous  question,  i which  being 
sustained,  the  question  was  then  taken  on  the  adoption  of  the  Sth 
resolution  and  decided  in  the  negative,  by  yeas  and  nays,  as  follows  : 

Those  who  voted  in  the  affirmative,  are,  Mr.  President,  Messrs. 
Alcorn,  Ashe,  Boatner,  Bailey,  Champlin,  Clark,  Cobb,  Caruthers, 
Cole,  Dabney,  Davis,  Evans  of  Chickasaw,  Foote,  Griffin,  Gar- 
ner, Golladay,  Hale,  Henry,  Johnston  of  Hinds,  Johnson  of  War- 


40 


;reu,  Jones  of  Pontotoc,  Jones  of  Tippah,  Lowry,  Myers,  Muse, 
Mc  Murran,  McLeod,  McAlIum,  McDowell,  Niles,  Purdom,  Powe, 
Robertson,  Sawyer,  Sharkey,  Vaughan,  Ventress,  Watson  of  Mar* 
shall,  Wilson  of  Claiborne,  and  Wilson  of  Pontotoc, — yeas  41. 

Those  who  voted  in  the  negative,  are,  Messrs.  Adams,  Banks, 
Barksdale,  Biliups,  Benton,  Butler,  Backstrom,  Burrus,  Cherry, 
Cannon,  Connelly,  Collins,  Duncan  of  Itawamba,  Duncan  of  La- 
fayette, Duncan  of  Tishomingo,  Evans  of  Lauderdale,  Easterling, 
Gilliland,  Hurst,  Huff,  Hemingway,  Hart,  Harris,  Holmes,  James, 
Jones  of  Franklin,  Jones  of  Madison,  Keown,  Kinyon,  Lake,  Mil- 
3er,  Montgomery,  McLendon,  McDonald,  Phillips,  Piner,  Rankin, 
Scruggs,  Scales,  Smith,  Snedecor,  Stovall,  Sturges  of  Copiah,  Stur- 
ges of  Simpson,  Sullivan,  Veazie,  Vick,  Watson  of  De  Soto,  Wells, 
■and  Williams, — nays  50. 

On  motion  of  Mr.  Bailey, 

Resolved,  That  William  Hilzheim,  the  Page  of  this  Conven- 
tion, shall  be  allowed  the  sum  of  twelve  dollars,  which  shall  be 
paid  him  upon  the  certificate  of  the  President. 

On  motion  of  Mr.  Collins,  the  preamble  reported  by  the  Com- 
mittee of  Thirteen,  was  called  from  the  table. 

Which  being  read,  Mr.  McMurran  offered  the  following  amend- 
ment, viz  : 

Amend  by  striking  out  the  preamble  and  insert, 

"  The  people  of  Mississippi  in  Convention  assembled,  as  expres- 
sive of  their  deliberate  judgment,  on  the  great  questions  involved 
in  the  sectional  controversy  between  the  slave  holding  and  non- 
slave  holding  States  of  the  American  Union,  adopt  the  following 
resolutions :" 

Mr.  Sturges,  of  Simpson,  called  for  the  previous  question,  which 
was  not  sustained. 

Whereupon,  Mr.  Watson  offered  the  following  amendment  to 
the  amendment  of  Mr.  McMurran,  to-wit : 

"  PREAMBLE. 

Whereas,  An  act  was  passed  by  the  Legislature  of  the  State  of 
Mississippi,  on  the  30th  day  of  November,  1850,  entitled  "  an  act 
to  provide  for  a  Convention  of  the  People  of  the  State  of  Mississip- 
pi," the  principal  object  of  which  act,  as  set  forth  in  the  5th  sec- 
tion thereof,  was  "  to  consider  the  then  existing  relations  between 
the  Government  of  the  United  States  and  the  Government  and 
people  of  the  State  of  Mississippi  ;  and  to  devise  and  carry  into 
effect  the  best  means  of  redress  for  the  past  and  obtain  certain  se- 
curity for  the  future  ;  and  to  adopt  such  measures  for  vindicating 
the  sovereignty  of  the  State,  and  the  protection  of  its  institutions, 
as  shall  appear  "  to  said  Convention  to  be  demanded: 

And,  whereas,  The  said  act  of  the  Legislature  of  Mississippi, 
was  passed  with  special  reference  to  a  series  of  acts  of  the  Congress 


41 

of  the  United  States,  coxamonly  known  as  the  compromise  or  ad- 
justment measures : 

.And,  whereas,  The  right  of  a  State  or  States  "  peaceably  to  with- 
draw from  the  Union,  without  denial  or  obstruction  from  any  quar- 
ter whatever,"  and  also  the  question,  whether  the  "  Union  of  these 
States  had  been  so  grossly  perverted  from  its  original  purposes,  as  to 
render  its  further  continuance  incompatible  with  the  honor,  the  pros- 
perity and  the  safety  of  the  slave  holding  States,  unless  some  correc- 
tion of  past  aggressions,  and  some  additional  and  more  effectual  guar- 
antees ior  our  future  protection, be  obtained  from  our  associates  in  the 
Confederacy,"  and  particularly,  whether  the  State  would  acquiesce 
in  the  said  compromise  measures  of  Congress  were  distinctly  pre- 
sented to  the  people  for  their  consideration,  at  the  late  elections  ; 
and  the  people  in  their  sovereign  capacity,  having  decided  at  said 
elections  in  favor  of  the  Union  as  it  is,  without  insisting  on  further 
amendments  to  the  Constitution  of  the  United  States,  or  additional 
and  more  effectual  guarantees  for  their  future  protection — in  favor 
of  acquiescing  in  the  said  Compromise  measures  of  Congress — and 
against  the  right  of  a  State  or  States  peaceably  to  withdraw  from 
the  Union  without  denial  or  obstruction  from  any  quarter  whatever  : 

And  whereas,  also,  in  the  opinion  of  this  Convention,  the  people  of 
the  State  are  opposed  to  all  further  agitation  of  the  slavery  question  : 
Therefore. 

Which  was  lost. 

The  question  was  then  taken  on  the  amendment  of  Mr.  Mc- 
Murran,  and  decided  in  the  affirmative. 

On  motion  of  Mr.  Sturges,  of  Copiah,  the  neport  of  the  minority 
of  the  Committee  of  Thirteen,  was  called  from  the  table. 

Mr.  Sharkey  moved  that  the  Convention  adjourn  until  Monday 
morning  9  o'clock.    Which  was  lost. 

Mr.  Niles  moved  that  the  Convention  adjourn  sine  die  at  eleven 
o'clock  on  Monday  next. 

Mr.  Clark  moved  to  lay  the  Minority  Report  of  the  Committee 
of  Thirteen  on  the  table. 

Pending  which,  the  Convention,  on  motion  of  Mr.  Sharkey,  ad- 
journed until  nine  o'clock  Monday  morning. 

MONDAY,  November  17th,  1851. 

The  Convention  met  pursuant  to  adjournment,  and  its  delibera- 
tions opened  with  prayer  by  the  Rev.  Mr.  Lewin  of  the  Episcopal 
Church  of  this  city. 

The  Journal  of  Saturday  having  been  read, 

On  motion  of  Mr.  Johnson,  of  Warren,  the  consideration  of  the 
regular  business  was  suspended,  to  enable  him  to  offer  the  following 
resolution,  which  was  read  and  adopted  : — 


42 


Resolved,  That  Charles  H.  Rogers  be  allowed  the  sum  of  Eigh- 
teen dollars,  for  his  services  as  Clerk  of  the  Committee  of  Thirteen, 
and  the  Auditor  of  Public  Accounts,  be  authorised  to  issue  his 
warrant  on  the  State  Treasurer  for  the  same,  on  Certificate  of  the 
President. 

The  Convention  then  proceeded  to  the  consideration  of  the  ques- 
tion pending  the  adjournment  on  Saturday,  being  the  motion  of 
Mr.  Clark  "  to  lay  the  minority  report  of  the  Committee  of  Thir- 
teen on  the  table." 

And  the  question  being  put,  the  report  was  laid  on  the  table,  by 
yeas  and  nays,  as  follows: 

Those  who  voted  in  the  affirmative,  are,  Mr.  President,  Messrs. 
Alcorn,  Adams,  Ashe,  Banks,  Barksdale,  Billups,  Benton,  Butler, 
Boatner,  Bailey,  Burrus,  Champlain,  Clark,  Cobb,  Caruthers, 
Collins,  Cole,  Duncan  of  Itawamba,  Duncan  of  Lafayette,  Dun- 
can of  Tishomingo,  Dabney,  Evans  of  Chickasaw,  Evans  of  Lau- 
derdale, Edwards,  Foote,  Griffin,  Garner,  Golladay,  Hurst,  Huff, 
Hale,  Henry,  Holmes,  James,  Johnston  of  Hinds,  Johnson  of  War- 
ren, Jones  of  Franklin,  Jones  of  Madison,  Jones  of  Pontotoc,  Jones  of 
Tippah,  Kinyon,  Lowry,  Lake,  Montgomery,  Myers,  Muse,  Mc- 
Murran,  McLeod,McAllum,  McDonald,McDowell,  Niles,  Phillips, 
Piner,  Powe,  Robertson,  Rankin,  Sawyer,  Scruggs,  Sharkey,  Sned- 
ecor,  Stovall,  Vick,  Vaughan,  Ventress,  Watson  of  Marshall,  Wat- 
son of  De  Soto,  Wells,  Williams,  Wilson  of  Claiborne,  and  Wilson 
of  Pontotoc, — yeas  72. 

Those  who  voted  in  the  negative,  are,  Messrs.  Backstrom* 
Cherry,  Cannon,  Connelly,  Easterling,  Gilliland,  Harris,  Keowna 
Miller,  McLendon,  Scales,  Smith,  Sturges  of  Copiah,  and  Stur- 
ges  of  Simpson, — nays  14. 

The  following  resolution  offered  by  Mr.  Butler,  was  read  and 
adopted,  unanimously.    Mr.  Vick  in  the  chair. 

Resolved,  That  the  thanks  of  this  Convention  be  returned  to  the 
President  of  this  body,  for  the  faithful,  prompt  and  able  manner  in 
which  he  has  presided  over  our  deliberations. 

Mr.  Kinyon,  offered  the  following  resolution,  which  was  also 
read  and  adopted  : 

Resolved,  That  the  President  of  this  Convention  be  allowed  and 
paid,  the  same  per  diem  compensation,  for  each  day  that  it  shall 
be  necessary  for  him  to  superintend  the  preparing  of  the  Journals 
of  this  Convention,  for  the  hands  of  the  Printer,  after  the  adjourn- 
ment of  this  Convention,  as  during  its  session,  to  be  audited  upon  the 
certificate  of  the  Secretary. 

Mr.  Scruggs  offered  the  following  resolutions  : 

Resolved,  That  the  voluntary  associations  of  our  fellow-citizens 
of  the  non-slave  holding  States,  for  the  purpose  of  agitating  the 
subject  of  domestic  slavery,  or  of  enlisting  either  the  State  or  Fed- 
eral Legislature  against  it,  are,  in  the  judgment  of  this  Convention? 
fraught  with  imminent  danger  to  the  stability  of  the  Government, 


43 


and  if  persisted  in,  will  result,  at  no  distant  day.  in  the  most  seri- 
ous consequences. 

Resolved,  That,  in  view  of  the  unanimity  and  promptness  with 
which  the  slave  holding  States  have  acted,  in  support  of  the  late 
acts  of  Congress,  known  as  the  "  adjustment  or  compromise 
measures,"  it  is  in  the  opinion  of  this  Convention,  the  duty  of  the 
non-slave  holding  States,  if  they  intend  to  preserve  the  Union  of 
these  States,  and  keep  faith  with  the  slave  holding  States,  to  do  the 
same  thing :  and  that  we  cannot  regard  their  failure  to  do  so,  other- 
wise than  as  an  omen  of  evil. 

Mr.  Henry  offered  the  following  amendment  to  the  second  res- 
olution, which  was  accepted  by  Mr.  Scruggs  : 

Strike  out  all  after  the  word  "  measures"  and  insert, 

"  It  is  the  imperative  duty  of  the  people  of  the  non-slave  hold- 
ing States,  if  they  intend  in  good  faith  to  preserve  our  present  hap- 
py Union,  and  to  observe  their  constitutional  obligations,  to  give 
to  these  measures  the  same  united  support  and  that  we  should  regard 
a  failure  to  do  so,  as  an  omen  of  evil  to  the  peace,  the  happiness 
and  the  perpetuity  of  our  republican  institutions." 

Mr.  Watson  of  Marshall,  called  for  a  division  of  the  question, 

And  the  question  being  put  on  the  adoption  of  the  first  resolution, 
it  was  decided  in  the  affirmative,  by  yeas  and  nays,  as  follows  : 

Those  who  voted  in  the  affirmative,  are,  Messrs.  Alcorn,  Adams, 
Ashe,  Banks,  Barksdale,  Billups,  Benton,  Butler,  Backstrom,  Boat- 
ner,  Bailey,  Burrus,  Champlin,  Clark,  Cherry,  Cobb,  Cannon, 
Connelly,  Collins,  Cole,  Duncan  of  Itawamba,  Duncan  of  Lafay- 
ette, Duncan  of  Tishomingo,  Dabney,  Davis,  Evans  of  Chickasaw, 
Evans  of  Lauderdale,  Edwards,  Foote,  Gilliland,  Garner,  Griffin, 
Goiladay,  Huff,  Hale,  Henry,  Holmes,  James,  Johnston  of  Hinds, 
Jones  of  Franklin,  Jones  of  Madison,  Jones  of  Pontotoc,  Jones  of 
Tippah,  Keown,  Lowry,  Miller,  Montgomery,  Myers,  Muse,  Mc- 
Murran,  McLeod,  McAllum,  .McDonald,  McDowell,  Niles,  Phil- 
lips, Powe,  Rankin,  Robertson,  Scruggs,  Sawyer,  Scales,  Sharkey, 
Smith,  Snedecor,  Stovall,  Sturges  of  Copiah,  Sturges  of  Simpson, 
Vaughan,  Ventress,  Watson  of  De  Soto,  Wells,  Williams,  Wil- 
son of  Claiborne,  and  Wilson  of  Pontotoc, — yeas  75. 

Those  who  voted  in  the  negative,  were,  Mr.  President,  Messrs 
Caruthers,  Easterling,  Johnson  of  Warren,  Kinyon,  Lake,  McLen- 
don,  Piner,  Vick,  and  Watson  of  Marshall, — nays  10. 

The  question  then  recurred  on  the  adoption  of  the  second  res:- 
lution  as  amended, 

But  before  the  vote  was  taken  thereon,  it  was,  on  motion  of  Mv 
Kiles,  laid  on  the  table. 

Mr.  Johnson,  of  Washington,  appeared,  was  qualified  and  took 
his  seat. 

Mr.  Vick  moved  to  re-consider  the  vote  by  which  the  8th  reso- 
lution as  reported  by  the  Committee  of  Thirteen,  was  laid  on  t ra- 
table on  Saturday  evening 


44 


And  it  was  decided  in  the  affirmative,  the  yeas  and  nays  be- 
ing demanded. 

Those  who  voted  in  the  affirmative,  are,  Mr.  President,  Messrs. 
Alcorn,  Ashe,  Banks,  Billups,  Benton,  Boatner,  Bailey,  Burrus, 
Champlain,  Clark,  Cobb,  Cole,  Duncan  of  Lafayette,  Dabney, 
Evans  of  Chickasaw,  Foote,  Griffin,  Garner,  Golladay,  Hale,  Hen- 
ry, Holmes,  Johnston  of  Hinds,  Johnson  of  Warren,  Jones  of  Tip- 
pah, Lowry,  Montgomery,  Myers,  Muse,  McMurran,  McLeod, 
McAIIum,  McDonald,  McDowell,  Niles,  Piner,  Powe,  Robertson, 
Sharkey,  Snedecor,  Vick,  Vaughan,  Ventress,  Watson  of  Marshall, 
Watson  of  De  Soto,  Williams,  Wilson  of  Claiborne  and  Wilson  of 
Pontotoc, — yeas  49. 

Those  who  voted  in  the  negative  are,  Messrs.  Adams,  Barksdale, 
Butler,  Backstrom,  Cherry,  Cannon,  Connelly,  Caruthers,  Col- 
lins, Duncan  of  Itawamba,  Duncan  of  Tishomingo,  Davis,  Evans 
of  Lauderdale,  Edwards,  Gilliland,  Hurst,  Huff,  James,  Johnson 
of  Washington,  Jones  of  Franklin,  Jones  of  Madison,  Jones  of 
Pontotoc,  Eeown,  Lake,  Miller,  McLendon,  Phillips,  Rankin, 
Scruggs,  Scales,  Smith,  Stovall,  Sturges  of  Copiah,  and  Wells, — 
.nays  34. 

On  motion  of  Mr.  Johnson  of  Warren, 

Mr.  Johnson  of  Washington,  was  permitted  to  record  his  vote 
on  the  resolutions  of  the  Committee  of  Thirteen,  and  on  the  amend- 
ments thereto. 

On  motion  of  Mr.  Scruggs, 

Mr.  Benton  of  Marshall,  was  also  allowed  the  same  privilege, 
both  gentlemen  having  been  unavoidably  detained  on  their  way  to 
the  Seat  of  Government. 

The  vote  rejecting  the  8th  resolution  having  been  reconsidered, 
Mr.  Benton  offered  the  following  amendment : 
Amend  by  striking  out  the  8th  resolution  and  insert, 
Resolved,  That  in  the  opinion  of  this  Convention,  without  in- 
tending to  call  in  question  the  motives  of  the  members  of  the  Le- 
gislature, the  call  of  this  Convention  by  the  Legislature,  at  its  late 
extraordinary  session,  was  unauthorised  by  the  people ;  and  that 
said  act,  in  peremptorily  ordering  a  Convention  of  the  people  of  the 
State,  without  first  submitting  to  them  the  question  whether  there 
should  be  a  Convention  or  no  Convention,  was  an  unwarranted  as- 
sumption of  power  by  the  Legislature,  at  war  with  the  spirit  of 
republican  institutions,  an  encroachment  upon  the  rights  of  the 
people,  and  can  never  be  rightfully  invoked  as  a  precedent. 
Which  was  adopted,  by  yeas  and  nays  as  follows  : 
Those  who  voted  in  the  affirmative,  are,  Mr.  President,  Messrs. 
Alcorn,  Ashe,  Billups,  Benton,  Bailey,  Champlin,  Clark,  Cobb,  Ca- 
ruthers, Collins,  Cole,  Duncan  of  Itawamba,  Duncan  of  Lafayette, 
Dabney,  Davis,  Evans  of  Chickasaw,  Edwards,  Foote,  Griffia, 
Garner,  Huff,  Hale,  Henry,  Holmes,  Johnson  of  Warren,  Jones  of 
Pontotoc,  Jones  of  Tippah,  Lowry,  Montgomery,  Myers,  McMur- 


45 

ran,  McLeod,  MeAIIurn,  McDonald.  Niles,  Finer,  Powe.  Robertson, 
Rankin,  Scruggs,  Sharkey,  Snedecor,  Stovali,  Yick.  Vaughan.  Ven- 
tres^, Watson  of  Marshall,  Watson  of  De  Soto.  Williams,  Wilson 
of  Claiborne  and  Wilson  of  Pontotoc, — yeas  52. 

Those  who  voted  in  the  negative,  are,  Messrs.  Adams,  Banks, 
Butler,  Backstrom,  Boatner,  Burrus,  Cherry,  Cannon.  Connelly!, 
Duncan  of  Tishomingo,  Evans  of  Lauderdale,  Giiiiland.  Golladav, 
Hurst,  James,  Johnston  of  Hinds,  Johnson  of  Washington,  Jones  of 
Franklin,  Jones  of  Madison,  Lake,  Miller,  Muse,  McLendon.  Mc- 
Dowell, Phillips,  Scales,  Smith,  Sturges  of  Copiah  and  Wells, — 
nays  29. 

The  question  then  recurred  on  the  adoption  of  the  resolution  as 
amended,  and  decided  in  the  affirmative. 

Mr.  Clark  offered  the  following  resolution  : 

Resolved,  That  the  Secretary  of  this  Convention  engross  the  re- 
port of  the  Committee  of  Thirteen  as  amended  and  adopted,  and 
have  the  same  printed  in  a  body  in  the  printed  copies  of 
the  proceedings  of  the  Convention,  and  that  he  be  instructed  to 
furnish  each  of  our  Senators  and  Representatives  in  Congress  with 
a  copy. 

Mr.  Davis,  offered  the  following  amendment  thereto  : 
Resolved,  That  5000  copies  of  the  preamble  and  resolutions 
adopted  by  this  Convention  upon  the  subject  of  the  relation  of  the 
State  to  the  General  Government,  be  printed  under  the  superinten- 
dence of  the  Secretary,  and  that  he  be  instructed  to  address  a  copy 
to  each  Senator  and  Representative  in  the  Congress  of  the  United 
States,  and  to  transmit  the  remaining  copies  to  the  members  of  this 
Convention,  and  that  he  be  allowed  one  week  Po  perform  the  said 
service. 

Which  was  lost. 

The  question  then  recurred  on  the  adoption  on  the  resolutioa 
offered  by  Mr.  Clark,  and  decided  in  the  affirmative. 

Mr.  Piner,  moved  that  the  Convention  do  now  adjourn,  sine 
which  was  adopted. 

Whereupon,  the  President  addressed  the  Convention,  as  follows : 
Gentlemen  : 

The  very  flattering  resolution  which  I  find  on  my  desk  this 
morning,  renders  doubly  impressive  to  my  mind,  the  solemnity  of 
the  present  hour — the  parting  hour. 

I  regret  exceedingly  my  want  of  language  to  express  the  emo- 
tions of  my  heart  on  the  present  occasion. 

I  most  sincerely  congratulate  you  upon  the  harmony  which  has 
characterized  your  deliberations,  and  especially  upon  their  happy 
result,  it  has  been,  to  me,  a  source  of  peculiar  gratification,  to  find 
so  many  gentlemen  cf  equal,  if  not  superior  ability,  who  have  (du- 
ring the  few  days  past  of  my  slight,  but  continued  and  increasing 
indisposition,)  so  promptly  and  so  generously  upon  every  call,  divi- 
ded with  me  the  labors  of  the  chair, — and  for  which,  I  beg  they 


46 

will  accept  ray  most  cordial  thanks  :  and  likewise,  for  the  kind  for- 
bearance which  has  been  extended  towards  me  by  each  and  every 
member  of  the  Convention,  i  hereby  tender  to  you  my  most  un- 
feigned thanks,  accompanied  with  my  fondest  hope  for  your  speedy 
return  to  the  bosom  of  your  families  and  the  society  of  your  friends, 
and  that  you  may  be  greeted  by  your  constituents  with  the  wel- 
come plaudit,  "  well  done  good  and  faithful  servants." 

On  leaving  this  chair,  Ibid  adieu  to  all  public  service.  I  feel 
admonished  that  my  race  is  well  nigh  run  ;  and  being  satisfied  that 
many  younger  gentlemen  may  be  found  of  equal  patriotic  devo- 
tion, and  superior  ability  to  fill  my  place  in  the  public  service,  I  feel 
justified  in  claiming  to  be  hereby  honorably  discharged;  with  an 
abiding  assurance  that  I  have  u  fought  the  good  fight,  and  have 
kept  the  faith,'1  and  I  now  bid  you  an  affectionate  and  a  final  fare- 
well. 

At  the  request  of  the  President,  the  deliberations  of  the  Conven- 
tion were  closed  with  prayer  by  the  Reverend  Mr.  Butler  of 

Monroe. 

And  the  President  adjourned  the  Convention  sine  die. 

CORNELIUS  CARMACK, 

President. 

Atteste : 

Fleming  £.  Swann,  Secretary, 


PREAMBLE  AXD  RESOLUTIONS 


A  S 

ADOPTED  BY  THE  CONVENTION. 


Tee  people  of  Mississippi  in  Convention  assembled,  as  expressive 
of  their  deliberate  judgment  on  the  great  questions  involved  in 
the  sectional  controversy  between  the  slave  holding  and  non- 
slave  holding  States  of  the  American  Union,  adopt  the  following 
resolutions  : 

1st.  Resolved,  That,  in  the  opinion  of  this  Convention,  the  peo- 
ple of  Mississippi,  in  a  spirit  of  conciliation  and  compromise,  have 
.maturely  considered  the  action  of  Congress,  embracing  a  series  of 
measures  for  the  admission  of  California  as  a  State  into  the  Union, 
the  organization  of  Territorial  Governments  for  Utah  and  Xew 
Mexico,  the  establishment  of  the  boundary  between  the  latter 
and  the  State  of  Texas,  the  suppression  of  the  Slave  Trade  in  the 
District  of  Columbia,  and  the  extradition  of  Fugitive  Slaves;  and 
connected  with  them,  the  rejection  of  the  proposition  to  exclude  slav- 
erv  from  the  Territories  of  the  United  States,  and  to  abolish  it  in  the 
District  of  Columbia  ;  and  whilst  they  do  not  entirely  approve,  will 
abide  by  it  as  a  permanent  adjustment  of  this  sectional  controversy, 
so  long  as  the  same  in  all  it  features  shall  be  faithfully  adhered  to 
and  enforced. 

2d.  Resolved,  That  we  perceive  nothing  in  the  above  recited 
legislation  of  the  Congress  of  the  United  States,  which  should  be 
permitted  to  disturb  the  friendly  and  peaceful  i;  existing  relations 
between  the  Government  of  the  United  States  and  the  Government 
and  people  of  the  State  of  Mississippi/' 

3a1.  Therefore,  Resolved,  That,  in  the  opinion  of  this  Convention, 
the  people  of  the  State  of  Mississippi  will  abide  by  the  Union  as 
it  is,  and  by  the  Constitution  of  the  United  States  without  amend- 
ment— that  they  hold  the  Union  secondary  in  importance  only  to 
the  rights  and  principles  it  was  designed  to  perpetuate  ;  that  past 
associations,  present  fruition  and  future  prospects  will  bind  them  to 
it  so  long  as  it  continues  to  be  the  safeguard  of  those  rights  and 
principles. 

4th.  Resolved,  further,  That,  in  the  opinion  of  this  Convention, 
the  asserted  right  of  secession  from  the  Union  on  the  part  of  a 
State  or  States  is  utterly  unsanctioned  by  the  Federal  Constitution, 
which  was  framed  to  "  establish  "  and  not  to  destroy  the  Union 
of  the  States,  and  that  no  secession,  can,  in  fact,  take  place  with- 


48 


out  a  subversion  of  the  Union  established,  and  which  will  not  vir- 
tually amount  in  its  effects  and  consequences  to  a  civil  revolution. 

blh.  Resolved,  further,  That,  whilst  in  the  opinion  of  this  Con- 
vention, such  are  the  sentiments  and  opinions  of  the  people  of  the 
.  State  of  Mississippi,  still,  violations  of  the  rights  of  the  people  of 
the  State,  may  occur,  which  would  amount  to  intolerable  oppres- 
sion, and  would  justify  a  resort  to  measures  of  resistance,  amongst 
which,  in  the  opinion  of  the  Convention,  the  people  of  the  State 
have  designated  the  following  : 

1st.  The  interference  by  Congressional  Legislation  with  the  In- 
stitution of  Slavery  in  the  States. 

2d.  Interference  with  the  trade  in  Slaves  between  the  States.. 

3d.  Any  action  of  Congress  on  the  subject  of  Slavery  in  the 
District  of  Columbia  or  in  places  subject  to  the  jurisdiction  of  Con- 
gress, incompatible  with  the  safety  and  domestic  tranquillity — the 
rights  and  honor  of  the  slave-holding  States. 

4th.  The  refusal  by  Congress  to  admit  a  new  State  into  the  Union 
on  the  ground  of  her  tolerating  slavery  within  her  limits. 

5th.  The  passage  of  any  law  by  Congress  prohibiting  slavery  in 
any  of  the  territories. 

6th.  The  Repeal  of  the  Fugitive  Slave  Law,  and  the  neglect  or 
refusal  by  the  General  Government,  to  enforce  the  Constitutional 
provisions  for  the  reclamation  of  Fugitive  Slaves. 

6th.  Resolved,  further.  That,  in  the  opinion  of  this  Convention, 
the  people  in  the  recent  elections  have  been  governed  by  an  abid- 
ing confidence  that  the  said  adjustment  measures  of  Congress  would 
be  enforced  in  good  faith  in  every  section  of  the  land. 

7th.  Resolved,  further,  That,  as  the  people  of  the  State  of  Mis- 
sissippi, in  the  opinion  of  this  Convention,  desire  all  further  agita- 
tion of  the  Slavery  question  to  cease,  and  have  acted  upon  and 
decided  all  the  foregoing  questions,  thereby  making  it  the  duty 
of  this  Convention  to  pass  no  acts  within  the  purview  and  spirit  of 
the  law  under  which  it  was  called,  this  Convention  deems  it  un- 
necessary to  refer  to  the  people  for  their  approval  or  disapproval 
at  the  Ballot  Box,  its  action  in  the  premises. 

8th.  Resolved,  That  in  the  opinion  of  this  Convention,  without 
intending  to  call  in  question  the  motives  of  the  members  of  the  Leg- 
islature,the  call  of  this  Convention  by  the  Legislature,  at  its  late  extra- 
ordinary session,  was  unauthorized  by  the  people;  and  that  said  act,  in 
peremptorily  ordering  a  Convention  of  the  people  of  the  State,  with- 
out first  submitting  to  them  the  question  whether  there  should  be  a 
Convention  or  no  Convention,  was  an  unwarranted  assumption  of 
power  by  the  Legislature  ;  at  war  with  the  spirit  of  republican  in- 
stitutions, an  encroachment  upon  the  rights  of  the  people,  and 
can  never  be  rightfully  invoked  as  a  precedent. 

Approved,  C.  CAR  MACK, 

Atteste  :  President  of  the.Converdi(ms 

Fleming  L,  Swank,  Secretary. 


To  provide  for  a  Convention  of  the  people  of  the 
State  of  Mississippi. 

Whereas,  the  Legislation  of  the  Congress  of  the  United  States, 
controlled,  as  it  -was,  at  its  last  session,  by  a  dominant  majority,  re- 
gardless of  the  constitutional  rights  of  the  slave  holding  States,  and 
reflecting  the  will  of  a  section  whose  population  are  hostile  in  feel- 
ings and  opposed  in  principle  to  a  long  established  and  cherished  in- 
stitution of  this  State  and  our  sister  States  of  the  South,  affords 
alarming  evidence  of  a  settled  purpose  on  the  part  of  said  majority 
to  destroy  said  institution  and  subvert  the  sovereign  power  of  this 
and  the  other  slave  holding  States  :  and  whereas  it  is  becoming  and 
proper  that  a  sovereign  State  should  promptly  resort  to  the  most 
efficient  means  for  the  maintenance  of  its  sovereignty  and  the  pre- 
servation of  its  constitutional  rights,  as  a  member  of  the  confede- 
racy when  assailed,  by  the  exercise  of  the  highest  power  recognised 
under  our  Republican  form  of  Government:  the  expressed  will  of 
the  sovereign  people  : — Therefore, 

Section  L  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  an  election  for  delegates  to  a  convention  of  the  peo- 
ple of  the  State  of  Mississippi,  shall  be  held  in  the  several  counties 
thereof,  on  the  first  Monday  and  day  following  in  the  month  of 
September,  in  the  year  eighteen  hundred  and  fifty  one,  that  said 
election  shall  be  held  at  all  the  precincts  established  by  law,  and 
shall  be  managed  and  conducted  by  the  sheriffs  or  other  proper 
officers  of  the  counties  respectively,  in  the  same  manner  and  accord- 
ing to  the  same  rules  and  regulations  as  are  prescribed  by  law  for 
the  election  of  members  of  the  Legislature  :  And  it  is  hereby  de- 
clared to  be  the  duty  of  the  Governor  to  issue  his  proclamation  to 
the  several  sheriffs  of  the  State,  at  least  ninety  days  before  the  time 
appointed  for  holding  said  election,  requiring  them  to  hold  and  con- 
duct the  same  according  to  law,  and  the  said  sheriffs  shall  advertise 
the  time  and  place  of  holding  said  election  for  at  least  twenty  days, 
by  publishing  the  same  in  the  several  newspapers  of  their  respec- 
tive counties,  and  by  posting  notices  at  at  least  four  public  places 
in  their  counties. 

Sec.  2.  Be  it  further  enacted,  That  each  county  shall  be  repre- 
sented in  said  convention  by  the  same  number  of  delegates  as  such 
county  has  of  representatives  in  the  House  of  Representatives,  in- 
cluding the  representation  of  any  city  or  town  of  any  county. 

Sec.  3.  Be  it  further  enacted,  That  no  person,  not  a  citizen  of 
the  State  of  Mississippi,  who  shall  not  at  the  time  of  said  election, 
have  resided  for  twelve  months  previous  thereto  in  the  county,  and 
shall  not  have  attained  the  age  of  twenty  five  years,  shall  be  eligi- 
ble to  a  seat  in  the  said  convention. 
4 


AX  ACT 


53 

Sec.  4.  Re  it  further  enacted,  That  it  shall  be  the  duty  of  the 
sheriff  or  other  proper  returning  officer  of  each  and  every  county, 
within  twenty  days  after  said  election,  to  make  a  full  and  complete 
return  to  the  Secretary  of  State,  of  the  votes  cast  for  delegates  in 
his  county;  and  the  certificate  of  election  of  the  returning  officer  of 
the  proper  county  or  of  the  Secretary  of  State,  in  favor  of  any 
delegate,  shall  be  evidence  of  his  right  to  a  seat  in  said  convention, 
subject,  if  contested,  to  decision  by  said  convention  in  such  man- 
ner as  they  may  prescribe. 

Sec.  5.  Be  it  further  enacted,  That  the  delegates  elected  under 
the  provisions  of  this  act,  shall  assemble  at  the  Capitol  of  the  State, 
on  the  second  Monday  of  November,  A.  D.  eighteen  hundred  and 
fifty  one,  and  organize  themselves  into  a  convention  by  the  election 
of  a  President  and  such  other  officers  as  they  may  deem  necessary, 
and  the  appointment  of  a  suitable  number  of  assistants,  and  shall 
proceed  to  consider  the  then  existing  relations  between  the  Gov- 
ernment of  the  United  States  and  the  Government  and  people  of  the 
State  of  Mississippi,  to  devise  and  carry  into  effect  the  best  means 
of  redress  for  the  past,  and  obtain  certain  security  for  the  future, 
and  to  adopt  such  measures  for  vindicating  the  sovereignty  of  the 
State,  and  the  protection  of  its  institutions  as  shall  appear  to  them 
to  be  demanded.  Said  convention  shall  adopt  such  rules  and  regu- 
lations for  its  government  and  for  the  proper  transaction  of  business 
as  they  shall  think  proper.  The  officers,  members  and  assistants  of 
said  convention  shall  receive  the  same  compensation  as  is  now  al- 
lowed by  law  to  the  officers,  members  and  assistants  of  the  Legis- 
lature, and  the  Auditor  of  public  accounts  shall  issue  his  warrant 
on  the  Treasury  therefor,  upon  the  certificate  of  the  President,  of 
the  amount  due. 

Sec.  6.  Be  it  further  enacted,  That  in  case  of  any  vacancy  oc- 
curring in  said  convention  by  the  death,  resignation  or  removal  of 
any  member,  it  shall  be  the  duty  of  the  Governor  to  cause  such 
Tacancy  to  be  filled  by  issuing  his  writ  of  election  to  the  sheriff  of 
the  proper  county,  requiring  him,  on  ten  days'  notice,  to  hold  an 
election  according  to  law,  to  fill  the  same. 

Sec.  7.  And  be  it  further  enacted,  That  the  acts  of  the  conven- 
tion proposed  to  be  held  by  this  act,  before  they  become  binding  on 
this  State,  shall  be  submitted  to  the  people  at  the  ballot  box  for 
their  approval  or  disapproval,  at  such  time,  and  in  such  manner,  as 
the  Convention  may  determine. 

JOHN  J.  McREA, 
Speaker  of  the  House  of  Representatives. 

JOHN  I.  GUION, 
President  of  the  Senate. 

Approved  November  30th,  1850, 

J,  A.  QUITMAN. 


CONSTITUTION 

OF  THE 

UNITED  STATES  OF  AMERICA. 


WE  the  People  of  the  United  States,  in  order  to  form  a  more  per- 
fect Union,  establish  Justice,  insure  domestic  Tranquillity,  provide 
for  the  common  defence,  promote  the  general  Welfare,  and  secure 
the  Blessings  of  Liberty  to  ourselves  and  our  Posterity,  do  ordain 
-mid  establish  this  CoxsTiTUTioN/br  the  United  States  of  America, 

ARTICLE  I. 

Section  I.  All  legislative  Powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Section  2.  The  House  of  Representatives  shall  be  composed  of 
Members  chosen  every  second  year  by  the  People  of  the  several 
&ate«,  and  the  Electors  in  each  State  shall  have  the  qualifications 
requisite  for  Electors  of  the  most  numerous  Branch  of  the  State 
Legislature. 

No  Person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of 
the  United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant 
of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according 
10  their  respective  numbers,  which  shall  be  determined  by  adding  to 
ihe  whole  number  of  free  Persons,  including  those  bound  to  Service 
for  a  term  of  years,  and  excluding  Indians  not  taxed,  three  fifths 
of  all  other  Persons.  The  actual  enumeration  shall  be  made  within: 
three  years  after  the  first  meeting  of  the  Congress  of  the  United 
States,  and  within  every  subsequent  term  of  ten  years,  in  sucli 
manner  as  they  shall  by  Law  direct.  The  number  of  Representa- 
tives shall  not  exceed  one  for  every  thirty  thousand,  but  each  State 
shall  have  at  least  one  Representative;  and  until  such  enumeration 
shall  be  made,  the  State  of  New  Hampshire  shall  be  entitled  to  chuse 
ihree,  Massachusetts  eight,  Rhode-Island  and  Providence  Plantations 
one,  Connecticut  five,  New-York  six,  New  Jersey  four,  Pennsylvania 
eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North  Carolina 
five,  South  Carolina  five,  and  Georgia  three. 


52 


When  vacancies  happen  in  the  Representation  from  any  State,  the 
Executive  Authority  thereof  shall  issue  Writs  of  Election  to  fill  such 
Vacancies. 

The  House  of  Representatives  shall  chuse  their  Speaker  and  oth- 
er Officers:  and  shall  have  the  sole  power  of  Impeachment. 

Sec.  3.  The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  chosen  by  the  Legislature  thereof,  for  six 
years  j  and  each  Senator  shall  have  one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  Election,  they  shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  Seats  of  the  Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  of  the  second  class  at  the  expi- 
ration of  the  fourth  year,  and  of  the  third  class  at  the  expiration  of 
the  sixth  year,  so  that  one-third  may  be  chosen  every  second  year; 
and  if  vacancies  happen  by  resignation,  or  otherwise,  during  the 
recess  of  the  Legislature  of  any  State,  the  Executive  thereof  may 
make  temporary  appointments  until  the  next  meeting  of  the  Legisla- 
ture, which  shall  then  fill  such  vacancies. 

No  Person  shall  be  a  Senator  who  shall  not  have  attained  to  the  a^e 
of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for  which 
he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

The  Senate  shall  chuse  their  other  offieers,>and  also  a  President 
pro  tempore,  in  the  absence  of  the  Vice  President,  or  when  he  shall' 
exercise  the  office  of  President  of  the  United  States 

The  Senate  shall  have  the  sole  power  to  try  ail  Impeachments. — 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the.  Chief  Justice 
shall  preside:  And  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present. 

Judgment  in  cases  of  Impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any 
office  of  honor,  trust  or  profit  under  the  United  States:  but  the  party 
convicted  shall  nevertheless  be  liable  and  subject  to  indictment,  trial 
judgment  and  punishment,  according  to  Law. 

Sec,  4.  The  times,  places  and  manner  of  holding  elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each  State  by  the 
Legislature  thereof;  but  the  Congress  may  at  any  time  by  Law  make 
or  alter  such  regulations,  except  as  to  the  places  of  chusing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall 
by  Law  appoint  a  different  day. 

Sec.  5.  Each  House  shall  be  the  Judge  of  the  Elections,  returns 
and  qualifications  of  its  own  members,  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business;  but  a  smaller  number  may  ad- 
journ from  day  to  day,  and  may  be  authorized  to  compel  the  attend- 


03 


anoe  of  absent  members,  in  such  manner,  and  under  such  penalties  as 
each  House  may  provide. 

Each  House  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behaviour,  and,  with  the  concurrence  of  two 
thirds,  expel  a  member. 

Each  House  shall  keep  a  Journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in  their 
judgment  require  secrecy;  and  the  yeas  and  nays  of  the  members  of 
either  House  on  any  question  shall,  at  the  desire  of  one  fifth  of  those 
present,  be  entered  on  the  Journal. 

Neither  House,  during  the  Session  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  at  any 
other  place  than  that  in  which  the  two  Houses  shall  be  sitting. 

Sec.  6.  The  Senators  and  Representatives  shall  receive  a  compen* 
sat  ion  for  their  services,  to  be  ascertained  by  Law,  and  paid  out  of  the 
Treasury  of  the  United  States.  They  shall  in  all  cases,  except  trea-1 
son,  felony  and  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  session  of  their  respective  Houses,  and  in  going 
to  and  returning  from  the  same ;  and  for  any  speech  or  debate  in  ei- 
ther House,  they  shall  not  be  questioned  in  any  other  place. 

No  Senator  or  Representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of 
the  United  States,  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased  during  such  time;  and  no  person 
holding  an  office  under  the  United  States,  shall  be  a  member  of  either 
House  during  his  continuance  in  office. 

Sec.  7.  All  bills  for  raising  revenue  shall  originate  in  the  House 
oi  Representatives;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  become  a  Law,  be  presented  to  the 
President  of  the  United  States ;  if  he  approve  he  shall  sign  it,  but  if 
not  he  shall  return  it,  with  his  objections  to  that  House  in  which  it 
shall  have  originated,  who  shall  enter  the  objections  at  large  on  their 
Journal,  and  proceed  to  reconsider  it.  If  after  such  reconsideration 
two  thirds  of  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  House,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  two  thirds  of  that 
House,  it  shall  become  a  Law.  But  in  all  such  cases  the 
votes  of  both  Houses  shall  be  determined  by  yeas  and  nays,  and 
the  names  of  the  persons  voting  for  and  against  the  bill  shall  be  en- 
tered on  the  Journal  of  each  House  respectively.  If  any  bill  shall 
Dot  be  returned  by  the  President  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  Law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Congress  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  not  be  a  Law, 

Every  older,  resolution,  or  vote  to  which  the  concurrence  of  the 


54 

Senate  and  House  of  Representatives  may  be  necessary  (except  on  a 
question  of  adjournment)  shall  be  presented  to  the  President  of  the 
United  States ;  and  before  the  same  shall  take  effect,  shall  be  approv- 
ed by  him,  or  being  disapproved  by  him,  shall  be  repassed  by  two 
thirds  of  the  Senate  and  House  of  Representatives,  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 
Sec.  8.  The  Congress  shall  have  power 

To  lay  and  collect  taxes,  duties,  imposts  and  excises,  to  pay  the 
debts  and  provide  for  the  common  defence  and  general  welfare  of  the 
United  States ;  but  all  duties,  imposts  and  excises  shall  be  uniform 
throughout  the  United  States ; 

To  borrow  money  on  the  credit  of  the  United  States; 

To  regulate  Commerce  with  foreign  Nations,  and  among  the  sev- 
eral States,  and  with  the  Indian  Tribes; 

To  establish  an  uniform  rule  of  Naturalization,  and  uniform  Laws 
on  the  subject  of  Bankruptcy  throughout  the  United  States; 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and 
fix  the  standard  of  weights  and  measures; 

To  provide  for  the  punishment  of  counterfeiting  the  securities  and 
current  coin  of  the  United  States ; 

To  establish  Post  Offices  and  post  Roads; 

To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  Authors  and  Inventors  the  exclusive  right  to  their 
respective  Writings  and  Discoveries; 

To  constitute  Tribunals  inferior  to  the  Supreme  Court: 

To  define  and  punish  piracies  and  felonies  committed  on  the  higli 
Seas,  and  offences  against  the  Law  of  Nations; 

To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and  make 
rules  concerning  captures  on  land  and  water: 

To  raise  and  support  armies,  but  no  appropriation  of  money  to  that 
use  shall  be  for  a  longer  term  than  two  years: 

To  provide  and  maintain  a  Navy ; 

To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces ; 

To  provide  for  calling  foith  the  Militia  to  execute  the  Laws  of 
the  Union,  suppress  Insurrections  and  repel  Invasions: 

To  provide  for  organizing,  arming,  and  disciplining,  the  Militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the  ser~ 
vice  of  the  United  States,  reserving  to  the  States  respectively,  the  ap- 
pointment of  the  officers,  and  the  authority  of  training  the  Militia  ac- 
cording to  the  discipline  prescribed  by  Congress; 

To  exercise  exclusive  Legislation  in  all  cases  whatsoever,  over 
such  District  (not  exceeding  ten  miles  square)  as  may,  by  cession  of 
particular  States,  and  the  acceptance  of  Congress,  become  the  Seat 
of  the  Government  of  the  United  States,  and  to  exercise  like  author- 
ity over  all  places  purchased  by  the  consent  of  the  Legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  Forts,  Magazines, 
Arsenals.  Dock-Yards,  and  other  needful  buildings:' — And. 


55 

To  make  ali  Laws  which  shall  be  necessary  and  proper  for  car- 
rying into  execution  the  foregoing  powers,  and  ali  other  powers  vested 
by  this  Constitution  in  the  Government  of  the  United  States,  or  in 
any  department  or  officer  thereof. 

Sec.  9.  The  migration  or  importation  of  such  persons  as  any  of 
the  States  now  existing  shall  think  proper  to  admit,  shall  not  be  'pro- 
hibited by  the  Congress  prior  to  the  year  one  thousand  eight  hundred 
and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  importation,  not 
exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  suspend- 
ed, unless  when  in  cases  of  rebellion  or  invasion  the  public  safety 
may  be  require  it. 

No  bill  of  attainder  or  ex  post  facto  Law  shall  be  passed. 

No  capitation,  or  other  direct,  tax  shail  be  laid,  unless  in  propor- 
tion to  the  census  or  enumeration  herein  before  directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

No  preference  shall  be  given  by  any  regulation  of  Commerce  or 
Revenue  to  the  ports  of  pne  State  over  those  of  another:  nor  shall 
vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or  pay 
duties  in  another. 

No  money  shall  be  drawn  from  the  Treasury,  but  in  consequence 
of  appropriations  made  by  Law  :  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  money  shail  be  pub- 
lished from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States:  and  no 
person  holding  any  office  of  profit  or  trust  under  them,  shall,  without 
the  consent  of  the  Congress,  accept  of  any  present,  emolument,  of- 
fice, or  title,  of  any  kind  whatever,  from  any  king,  prince,  or  foreign 
State. 

Sec.  10.  No  Stateshall  enter  into  any  treaty,  alliance,  or  confede- 
ration :  grant  Letters  of  Marqueand  Reprisal :  coin  money :  emit  bills 
of  Credit:  make  any  thing  but  gold  and  silver  coin  a  tender  in  pay- 
ment of  debts  ;  piss  any  bill  of  attainder,  ex  post  facto  Law,  or  Law- 
impairing  the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

No  Stateshall.  without  the  consent  of  Congress,  lay  any  imposts 
or  duties  on  imports  or  exports,  except  what  may  be  absolutelv  ne- 
cessary for  executing  it's  inspection  Laws:  and  the  net  produce  of  alt 
duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall  be 
for  the  use  of  the  Treasury  of  the  United  States:  and  all  such  Laws 
shall  be  subject  to  the  revision  and  control  of  the  Congress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State,  or  with  a  foreign  power, 
or  engage  in  war.  unless  actually  invaded,  or  in  such  imminent  dan- 
gers will  not  admit  of  delay. 

ARTICLE  II. 


Sec,  1.  The  executive  power  shall  be  ves'.el  in  a  President  of  the 


United  States  of  America,  He  shall  hold  his  office  during  the  term 
of  four  years,  and,  together  with  the  Vice  President,  chosen  for  the 
same  term,  be  elected,  as  follows: 

Each  State  shall  appoint,  in  such  manner  as  the  Legislature  there- 
of may  direct,  a  number  of  electors,  equal  to  the  whole  number  of 
Senators  and  Representatives  to  which  the  State  may  be  entitled  in 
the  Congress:  but  no  Senator  or  Representative,  or  person  holding 
an  office  of  trust  or  profit  under  the  United  States,  shall  be  appointed 
an  Elector. 

[*The  Electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabi- 
tant of  the  same  State  with  themselves.  And  they  shall  make  a  list 
of  all  the  persons  voted  for,  and  of  the  number  of  votes  for  each ;  which 
list  they  shall  sign  and  certify,  and  transmit  sealed  to  the  Seat  of  the 
Government  of  the  United  States,  directed  to  the  President  of  the 
Senate.  The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certificates,  and 
the  votes  shall  then  be  counted.  The  person  having  the  greatest 
number  of  votes  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  Electors  appointed;  and  if  there  be  more 
than  one  who  have  such  majority,  and  have  an  equal  number  of  votes, 
then  the  House  of  Representatives  shall  immediately  chuse  by  ballot 
one  of  them  for  President ;  and  if  no  person  have  a  majority,  then 
from  the  five  highest  on  the  list  the  said  House  shall  in  like  manner 
chuse  the  President.  But  in  chusing  the  President,  the  votes  shall 
be  taken  by  States,  the  Representation  from  each  State  having  one 
yote;a  quorum  for  this  purpose  shall  consist  of  a  member  or  mem- 
bers from  two  thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  In  every  case,  after  the  choice  of  the 
President,  the  person  having  the  greatest  number  of  votes  of  the  elec- 
tors shall  be  the  Vice  President.  But  if  there  should  remain  two  or 
more  who  have  equal  votes,  the  Senate  shall  chuse  from  them  by 
ballot  the  Vice  President.] 

The  Congress  may  determine  the  time  of  chusing  the  Electors, 
«nd  the  day  on  which  they  shall  give  their  votes  ;  which  day  shall  be 
the  same  throughout  the  United  States. 

No  person  except  a  natural  born  citizen,  ora  citizen  of  the  United 
States,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligi- 
ble to  the  office  of  President;  neither  shall  any  person  be  eligible  to 
that  office  who  shall  not  have  attained  to  the  a^e  of  thirty  five  years, 
and  been  fourteen  years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  President  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  devolve  on  the  Vice  President,  and  the  Congress 
may  by  Law  provide  for  the  case  of  removal,  death,  resignation,  or 


*This  clause  within  brackets  has  been  superseded  and  annulled  by  the 
12th  amendment. 


liability,  both  of  the  President  and  Vice  President,  declaring  what 
officer  shall  then  act  as  President,  and  such  officer  shah  act  acccri- 
yagly,  until  the  disability  be  removed,  or  a  President  shall  be  elected. 

The  President  shall,  at  slated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  United  States,  or 
any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  Oath  or  affirmation :  — 

••  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
•'  office  of  President  of  the  United  States,  and  wili  to  the  best  of  my 
"ability,  preserve,  protect  and  defend  the  Constitution  of  the  United 
"States^ 

Sec.  2.  The  President  shall  be  Commander  in  Chief  of  the  Army 
and  Navy  of  the  United  States,  and  of  the  Militia  of  the  several 
States,  \fben  called  into  the  actual  service  of  the  United  States:  he 
may  require  the  opinion,  in  writing,  of  the  principal  officer  in  each  of 
the  executive  Departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices,  and  he  shall  have  power  to  grant  reprieves 
and  pardons  for  onences  against  the  United  States,  except  in  cases  of 
impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two  thirds  of  the  Senators  present 
concur  :  and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  Ambassadors,  other  public  Ministers 
and  Consuls,  Judges  of  the  supreme  court,  and  all  other  officers  of  the 
United  States,  whose  appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  Law:  but  the  Congress  may 
by  Law  vest  the  appointment  of  such  inferior  officers,  as  they  think 
proper,  in  the  President  alone,  in  the  Courts  of  Law,  or  in  the  Heads 
c:  Departments. 

The  President  shall  have  power  to  rill  up  all  vacancies  that  may- 
happen  during  the  recess  of  the  Senate,  by  granting  Commissions 
vhich  shall  expire  at  the  end  of  their  next  Session. 

Sec.  3.  He  shall  from  time  to  time  give  to  the  Congress  informa- 
tion of  the  State  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient;  he  may, 
on  extraordinary  occasions,  convene  both  Houses,  or  either  of  them, 
and  in  case  of  disagreement  between  them,  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper :  he  shall  receive  Ambassadors  and  other  public  Ministers :  he 
shall  take  care  that  the  Laws  be  faithfully  executed,  and  shall  Com- 
mission all  the  officers  of  the  United  States. 

Sec.  4.  The  President,  Vice  President  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment  for,  and 
conviction  of,  treason,  bribery,  or  other  high  crimes  and  misdemean- 
ors. 


ARTICLE  lit. 


Sec.  I.  The  judicial  power  of  the  United  States,  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  the  Congress 
may  from  time  to  time  ordain  and  establish.  The  Judges,  both  of 
the  supreme  and  inferior  Courts  shall  hold  their  offices  during  good 
behaviour,  and  shall,  at  stated  times,  receive  for  their  services,  a  com- 
pensation, which  shall  not  be  diminished  during  their  continuance  in 
office. 

Sec.  2.  The  judicial  power  shall  extend  to  all  cases,  in  law  and 
equity,  arising  under  this  Constitution,  the  Laws  of  the  United  States., 
and  treaties  made,  or  which  shall  be  made,  under  their  authority ; — > 
to  all  cases  affecting  Ambassadors,  other  public  Ministers,  and  Con- 
suls;— to  all  cases  of  admiralty  and  maritime  jurisdiction; — to  con- 
troversies to  which  the  United  States  shall  be  a  party; — to  contro- 
versies between  two  or  more  States; — between  a  State  and  citizens  of 
another  State ; — between  citizens  of  different  States, — between  citi- 
zens of  the  same  State  claiming  Lands  tinder  Grants  of  different 
States,  and  between  a  State,  or  the  citizens  thereof,  and  foreign  States, 
citizens  or  subjects. 

In  all  cases  affecting  Ambassadors,  other  public  Ministers  and  Con- 
suls, and  those  in  which  a  State  shall  be  party,  the  supreme  Court 
shall  have  original  jurisdiction.  In  all  the  other  cases  before  men- 
tioned, the  supreme  Court  shall  have  appellate  jurisdiction,  both  as  to 
Law  and  Fact,  with  such  exceptions,  and  under  such  regulations  as 
the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  Impeachment,  shall  be 
by  Jury;  and  such  trial  shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed;  but  when  not  committed  within 
any  State,  the  trial  shall  be  at  such  place  or  places  as  the  Congress 
may  by  Law  have  directed. 

Sec.  3.  Treason  against  the  United  States,  shall  consist  only  in 
levying  War  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason  un- 
less on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on 
confession  in  open  Court. 

The  Congress  shall  have  power  to  declare  the  punishment  of  trea- 
son, but  no  attainder  of  treason  shall  work  corruption  of  blood,  oif 
forfeiture  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

Sec.  1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  State 
And  the  Congress  may  by  general  Laws  prescribe  the  manner  in 
which  such  acts,  records  and  proceedings  shall  be  provided,  and  the 
effect  thereof. 


Sec.  2.  The  citizens  of  each  State  shall  be  entitled  to  all  privi- 
leges and  immunities  of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony,  or  other  crime, 
who  shall  flee  from  justice,  and  be  found  in  another  State,  shall  on. 
demand  of  the  executive  authority  of  the  State  from  which  he  fled, 
be  delivered  up,  to  be  removed  to  the  State  having  jurisdiction  of  the 
crime. 

No  person  held  to  service  or  labor  in  one  State,  under  the  Laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  Law  or 
regulation  therein,  be  discharged  from  such  service  or  labor,  but  shall 
be  delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor 
may  be  due. 

Sec.  3.  New  States  may  be  admitted  by  the  Congress  into  this 
Union;  but  no  new  State  shall  be  formed  or  erected  within  the  juris- 
diction of  any  other  State;  nor  any  State  be  formed  by  the  junction, 
of  two  or  more  States,  or  parts  of  States,  without  the  consent  of  the- 
Legislatures  of  the  States  concerned  as  well  as  of  the  Congress. 

The  Congress  shall  have  power  to  dispose  of  and  make  all  need- 
ful rules  and  regulations  respecting  the  territory  or  other  property 
belonging  to  the  United  States;  and  nothing  in  this  Constitution  shall 
be  so  construed  as  to  prejudice  any  claims  of  the  United  States,  or  of 
any  particular  State. 

Sec.  4.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  Republican  form  of  Government,  and  shall  protect  each  of 
them  against  Invasion,  and  on  application  of  the  Legislature,  or  of 
the  Executive  (when  the  Legislature  cannot  be  convened)  against 
domestic  violence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  Amendments  to  this  Constitution,  or,  on  the 
application  of  the  Legislatures  of  two  thirds  of  the  several  States,  shall 
call  a  Convention  for  proposing  Amendments,  which,  in  either  case, 
shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution, 
when  ratified  by  the  Legislatures  of  three  fourths  of  the  several  States, 
or  by  Conventions  in  three  fourths  thereof,  as  the  one  or  the  other 
mode  of  ratification  may  be  proposed  by  the  Congress;  provided  that 
no  Amendment  which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight  shall  in  any  manner  affect  the  first  and  fourth 
clauses  in  the  ninth  section  of  the  first  Article;  and  that  no  State, 
without  its  consent,  shall  be  deprived  of  its  equal  suffrage  in  the 
Senate. 

ARTICLE  VI. 

All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
{States  under  this  Constitution,  as  under  the  Confederation, 


GO 


This  Constitution,  and  the  Laws  of  the  Unifed  States  which  shall 
be  made  in  pursuance  thereof;  and  all  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  United  States,  shall  be  the  su- 
preme Law  of  the  Land ;  and  the  Judges  in  every  State  shall  be 
bound  thereby,  any  thing  in  the  Constitution  or  Laws  of  any  State  to 
the  contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and  the  mem- 
bers of  the  several  State  Legislatures,  and  all  executive  and  judicial 
officers,  both  of  the  United  States  and  of  the  several  States,  shall  be 
bound  by  oath  or  affirmation,  to  support  this  Constitution;  but  no  re- 
ligious test  shall  ever  be  required  as  a  qualification  to  any  office  or  pub- 
lic trust  under  the  United  States. 

ARTICLE  VII. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be  suffi- 
cient for  the  establishment  of  this  Constitution  between  the  States  so 
ratifying  the  same. 

Pone  in  Convention  by  the  unanimous  consent  of  the  States  pres- 
ent the  seventeenth  day  of  September  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty  seven  and  of  the  Inde- 
pendance  of  the  United  States  of  America  the  twelfth.  IN 
WITNESS  whereof  we  have  hereunto  subscribed  our  names, 

GEO.  WASHINGTON, 
Presid't  and  deputy  from  Virginia. 


NEW  HAMPSHIRE. 

John  Langdqn, 

Nicholas  Gilman. 

MASS  A  CH  USE  TTS. 

Nathan  Gorman, 

Rufus  King. 

CONNECTICUT. 

Wat.  Saml.  Johnson,               Roger  Sherman. 

NEW  YORK 

Alexander  Hamilton. 

NEW  JERSEY 

Wil.  Livingston, 

David  Brearley, 

Wm.  Patterson, 

Jona.  Dayton. 

PENNSYLVANIA. 

B.  Franklin, 

Thomas  Mifflin, 

Robt.  Morris, 

Geo.  Clymer, 

Thos.  Fitzsimons, 

Jared  Ingersoll, 

James  Wilson, 

Gouv.  Morris. 

DELAWARE. 

Geo.  Read, 

Gunning  Bedford,  Jun'r 

John  Dickinson, 

Richard  Bassett, 

Jaco:  Broom. 

61 


MARYLAND 

Dan.  of  St.  Thos.  Jenifer 

VIRGINIA. 

James  Madison,  Jr. 

NORTH  CAROLINA. 

Rich'd  Dobbs  Spaigiit. 


James  McHenry. 
Danl.  Carroll. 

John  Blair. 

Wm.  Blount, 
Hu.  Williamson. 

SOUTH  CAROLINA. 
J.  Rutledge,  Charles  Cotesworth  Pinckkey 

Charles  Pinckney.  Pierce  Butler. 

GEORGIA. 
William  Few.  Abr.  Baldwin. 

Attest;  WILLIAM  JACKSON.  Secretary. 


The  Constitution  was  adopted  on  the  17th  September,  173 
the  Convention  appointed  in  pursuance  of  the  resolution  of  the 
gress  of  the  Confederation,  of  the  21st  February,  1787,  and  vva 
fied  by  the  Conventions  of  the  several  States,  as  follows,  viz  : 


By  Convention  or 


.  'f  .     .  .    V  M 


Delaware, 
Pennsylvania, 
New  Jersey, 
Georgia, 
Connecticut, 
Massachusetts, 
Maryland, 
South  Carolina, 
New  Hampshire, 
Virginia, 
New  York, 
North  Carolina, 
Rhode  Island. 


on  the   7th  December. 
"     12th  December, 
"     18th  December, 
"       2d  January, 
"       9th  January, 

6th  February. 
"      2Sth  April, 
23d  May, 
21st  June, 
26th  June, 
"      26th  July. 

21st  November. 
29th  Mav. 


I  by 
Con- 

s  rati- 

1787. 
1787. 

17S7. 
1788. 
1788. 
1788. 

1786. 

1788. 
1758. 
1788. 
1768. 
17-; 
1790. 


ARTICLES 

IN  ADDITION  TO,  AND  AMENDMENT  OF, 

THE  CONSTITUTION 

OF  THE 

UNITED  STATES  OF  AMERICA. 

Proposed  by  Congress,  and  ratified  by  the  Legislatures  of  the  several 
States,  pursuant  to  the  fifth  article  of  the  original  Constitution. 

(ARTICLE  I.) 

Congress  shall  make  no  law  respecting  an  establishment  of  reli- 
gion, or  prohibiting  the  free  exercise  of ;  or  abridging  the  freedom  of 
speech,  or  of  the  press;  or  the  right  of  the  people  peaceably  to  assem- 
ble, and  to  petition  the  Government  for  a  redress  of  grievances. 

(ARTICLE  IL) 

A  well  regulated  Militia,  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  arms,  shall  not  be 
infringed. 

(ARTICLE  III.) 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any  house,  with- 
out the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner 

prescribed  by  law. 

(ARTICLE  IV.) 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  pa- 
pers, and  effects,  against  unreasonable  searches  and  seizures,  shall  not 
be  violated,  and  no  warrants  shall  issue,  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

(ARTICLE  V.) 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infa- 
mous crime,  unless  on  a  presentment  or  indictment  of  a  Grand  Jury, 
except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the  Militia, 
when  in  actual  service  in  time  of  War  or  public  danger ;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be  twice  put  in  jeopardy  of 
life  or  limb;  nor  shall  be  compelled  in  any  criminal  case  to  be  a 
witness  against  himself,  nor  be  deprived  of  life,  liberty,  or  property, 


63 


without  due  process  of  law:  nor  shall  private  property  be  taken  for 
public  use,  without  just  compensation. 

(ARTICLE  VI.) 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 
vherein  the  crime  shall  have  been  committed,  which  district 
shall  have  been  previously  ascertained  by  law,  and  to  be  informed  of 
the  nature  and  cause  of  the  accusation :  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,  and  to  have  the  assistance  of  Counsel  for  his  defence. 

(ARTICLE  VII) 

In  suits  at  common  law,  where  the  value  in  controversy  shall  ex- 
seed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved, 
and  no  fact  tried  by  a  jury  shall  be  otherwise  re-examined  in  any  court 
of  the  United  States,  than  according  to  the  rules  of  the  common  law. 

(ARTICLE  VIII ) 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed., 
nor  cruel  and  unusual  punishments  inflicted. 

(ARTICLE  IX.) 

The  enumeration  in  the  Constitution,  of  ceitain  rights,  shall  not 
oe  construed  to  deny  or  disparage  others  retained  by  the  people. 

(ARTICLE  X.) 

The  powers  not  delegated  to  the  United  States  by  the  Constitution, 
por  prohibited  by  it  to  the  States,  are  reserved  to  the  States  respective- 
ly, or  to  the  people. 

(ARTICLE  XI.) 

The  Judicial  power  of  the  United  States  shall  not  be  construed  to 
extend  to  any  suit  at  law  or  equity,  commenced  or  prosecuted  against 
one  of  the  United  States  by  citizens  of  another  State,  or  by  citizens  or 
subjects  of  any  foreign  State. 

(ARTICLE  XII.) 

The  Electors  shall  meet  in  their  respective  States,and  vote  by  bal- 
lot for  President  and  Vice  President,  one  of  whom,  at  least,  shall  not 
be  an  inhabitant  of  the  same  State  with  themselves  ;  they  shall  name 
,n  their  ballots  the  person  voted  for  as  President,  and  in  distinct  bal- 


64 


lots  the  person  voted  for  as  Vice-President,  and  they  shall  make  dis- 
tinct lists  of  all  persons  voted  for  as  President,  and  of  all  persons- 
voted  for  as  Vice-President,  and  of  the  number  of  votes  for  each, 
which  list  they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat 
of  the  government  of  the  United  States,  directed  to  the  President  of  the 
Senate; — The  President  of  the  Senate  shall,  in  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates  and  the  votes 
shall  then  be  counted  : — The  person  having  the  greatest  number  of 
votes  for  President,  shall  be  the  President,  if  such  number  be  a  ma- 
jority of  the  whole  number  of  Electors  appointed;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the  highest  num- 
bers not  exceeding  three  on  the  list  of  those  voted  for  as  President, 
die  House  of  Representatives  shall  choose  immediately,  by  Ballot, 
the  President.  But  in  choosing  the  President,  the  votes  shall  be 
taken  by  states,  the  representation  from  each  state  having  one  vote:  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members  from, 
two-thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be  ne- 
cessary to  a  choice.  And  if  the  House  of  Representatives  shall  not, 
choose  a  President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then  the  Vice- 
President  shall  act  as  President,  as  in  case  of  the  death  or  other  con- 
stitutional disability  of  the  President.  The  person  having  the  great- 
est number  of  votes  as  Vice-President,  shall  be  the  Vice-President,  if 
such  number  be  a  majority  of  the  whole  number  of  electors  appointed, 
and  if  no  person  have  a  majority,  then  from  the  two  highest  numbers 
on  the  list,  the  Senate  shall  choose  the  Vice-President ;  a  quorum  for 
the  purpose  shall  consist  of  two-thirds  of  the  whole  number  of  Sena- 
tors, and  a  majority  of  the  whole  number  shall  be  necessary  to  a 
choice.  But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the  United 
States. 


Department  of  State,  j 

July  20th,  1816.  ) 

This  edition  of  the  Constitution  and  amendments  has  been  critically  com- 
pared with  the  originals  in  this  Department  and  found  to  be  correct,  in  text, 
letter  and  punctuation.  It  may,  therefore,  be  relied  unon  as  a  standard,  edi- 
tion. JAMES  BUCHANAN, 

Secretary  of  State. 

By  the  Secretary. 

N.  P.  Trsst,  Chief  Clerk. 


The  following  is  prefixed  io  the  first  ten  of  the  preceding 
amendments. 

CONGRESS  OF  THE  UNITED  STATES, 

Begun  and  held  at  the  City  of  New  York,  on  Wednesday,  the  fourth 
of  March,  one  thousand  seven  hundred  and  eighty-nine. 

The  Conventions  of  a  number  of  the  states,  having  at  the  time  of 
their  adopting  the  Constitution.expressed  a  desire, "in  order  to  prevent 
misconstruction  or  abuse  of  its  powers,  that  further  declaratory  aad 
restrictive  clauses  should  be  added:  And  as  extending  the  ground  of 
public  confidence  in  the  Government,  will  best  insure  the  beneficent 
ends  of  its  institution  :  « 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled,  two  thirds  of 
both  Houses  concurring,  That  the  following  Articles  be  proposed  to 
the  Legislatures  of  the  several  states,  as  amendments  to  the  Constitu- 
tion of  the  United  States,  all,  or  any  of  which  articles,  when  ratified 
by  three-fourths  of  said  Legislatures,  to  be  valid  to  all  intents  and  pur- 
poses, as  part  of  said  Constitution  :  viz. 

Articles  in  addition  to,  and  amendment  of  the  Constitution  of  the 
United  States  of  America,  proposed  by  Congress,  and  ratified  by  the 
Legislatures  of  the  several  states  pursuant  to  the  fifth  article  of  the 
original  Constitution. 

The  first  ten  amendments  of  the  Constitution  were  ratified  by  the 
states  as  follows,  viz  : 

By  New  Jersey,  20th  November,  1789. 

Bv  Maryland,  19th  December,  1789. 

By  North  Carolina,  22d  December,  1789. 

By  South  Carolina,  19th  January.  1790. 

By  New  Hampshire,  25th  January,  1790. 

By  Delaware,  28th  January,  1790. 

By  Pennsylvania,  10th  March,  1790. 

By  New  York,  27th  March,  1790. 

By  Rhode  Island,  15th  June,  1790. 

By  Vermont,  3d  November,  1791. 

By  Virginia,  15th  December.  1791. 

5 


The  following  is  'prefixed  to  the  eleventh  of  ihep  eceding 
amendments : 

THIRD  CONGRESS  OF  THE  UNITED  STATES: 

At  the  first  session  begun  and  held  at  the  city  of  Philadelphia,  in 
the  State  of  Pennsylvania,  on  Monday  the  second  of  December, 
one  thousand  seven  hundred  and  ninety-three. 
Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled,  two  thirds  of  both 
Houses  concurring,  That  the  following  Article  be  proposed  to  the 
Legislatures  of  the  several  states,  as  an  amendment  to  the  Constitution 
of  the  United  States;  which  when  ratified  by  three-fourths  of  the  said 
Legislatures  shall  be  valid  as  pah  of  said  Constitution,  viz: 

The  following  is  prefixed  to  the  twelfth  of  the  preceding 
amendments : 

EIGHTH  CONGRESS  OF  THE  UNITED  STATES: 

At  the  first  session,  begun  and  held,  at  the  city  of  Washington,  in  the 
Territory  of  Columbia,  on  Monday  the  seventeenth  of  October, 
one  thousand  eight  hundred  and  three. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled,  two  thirds  of 
both  Houses  concurring,  That  in  lieu  of  the  third  paragraph  of  the 
first  section  of  the  second  article  of  the  Constitution  of  the  United 
States,  the  following  be  proposed  as  an  amendment  to  the  Constitution 
of  the  United  States,  which,  when  ratified  by  three-fouiths  of  the  leg- 
islatures of  the  several  states,  shall  be  valid  to  all  intents  and  purposes, 
as  part  of  said  Constitution,  to -wit : 

The  ten  first  of  the  preceding  amendments  were  proposed  at  the 
first  session  of  the  first  Congress,  of  the  United  States,  25  September, 
1789,  and  were  finally  ratified  by  the  constitutional  number  of  states, 
on  the  15th  day  of  December,  1791.  The  eleventh  amendment  was 
proposed  at  the  first  session  of  the  third  Congress,  5  March,  1794, 
and  was  declared  in  a  message  from  the  President  of  the  United  States 
to  both  houses  of  Congress,  dated  8th  January,  1798,  to  have  been 
adopted  by  the  constitutional  number  of  states.  The  twelfth  amend- 
ment was  proposed  at  the  first  session  of  the  eighth  Congress,  12  De- 
cember, 1803,  and  was  adopted  by  the  constitutional  number  of  states 
in  1804,  according  to  a  public  notice  thereof  by  the  Secretary  of 
State,  dated  25th  September,  of  the  same  year. 


FAREWELL  ADDRESS 


OF 

GEORGE  WASHINGTON, 

PRESIDENT, 

TO  THE 

PEOPLE  OF  THE  UNITED  STATES'. 
September  IT,  1796. 


Friends  and  Fellow-citizens : 

The  period  for  a  new  election  of  a  citizen  to  administer  the 
Executive  Government  of  the  United  States  being  not  far  distant,  and 
the  time  actually  arrived  when  your  thoughts  must  be  employed  in 
designating  the  person  who  is  ::  be  r i  v-i:h  that  important  trust, 
it  appears  to  me  proper,  especially  as  it  may  conduce  to  a  more  dis- 
tinct expression  of  the  public  voice,  that  I  should  now  apprize  you 
of  the  resolution  I  have  formed,  to  decline  being  considered  among 
the  number  of  those  out  of  whom  a  choice  is  to  be  made. 

I  beg  you.  at  the  same  time,  to  do  me  the  justice  to  be  assured  that 
this  resolution  has  not  been  taken  without  a  strict  regard  to  all  the 
considerations  appertaining  to  the  relation  which  binds  a  dutiful  citizen 
to  his  country:  and  that,  in  withdrawing  the  tender  of  service,  which 
silence,  in  my  situation,  might  imply,  I  am  influenced  by  no  diminu- 
tion of  zeal  for  your  future  interest :  no  deficiency  of  grateful  respect 
for  your  past  kindness:  bat  am  supported  by  a  full  conviction  that  the 
steri  is  compatible  with  both. 

The  acceptance  of,  and  continuance  hitherto  m.  the  office  to  which 
your  suffrages  have  twice  called  me.  have  been  a  uniform  sacrifice 
of  inclination  to  the  opinion  of  duty,  and  to  a  deference  for  what  ap- 
peared to  be  your  desire.  I  constantly  hoped  that  it  would  have  been 
much  earlier  in  my  power,  consistently  with  motives  which  I 
vfis  not  at  liberty  to  disregard,  to  rr.a.-n  to  to. a:  retirement  from  which 
I  had  been  reluctantly  drawn.  The  strength  of  my  inclination  to  do 
this,  previous  to  the  last  election,  had  even  led  to  the  preparation  of 
aa  address  to  declare  it  to  you :  but  mature  reflection  on  the  then  per- 
plexed and  critical  posture  of  our  affairs  with  foreign  notions,  and  the 
unanimous  advice  of  persons  entitled  to  my  confidence,  impelled  me 
to  abandon  the  idea. 


I  rejoice  that  the  state  of  your  concerns,  external  as  well  as  inter- 
nal, no  longer  renders  the  pursuit  of  inclination  incompatible  with, 
the  sentiment  of  duty  or  propriety;  and  am  persuaded,  whatever  par- 
tiality may  be  retained  for  my  services,  that,  in  the  present  circum- 
stances of  our  country,  you  will  not  disapprove  my  determination  to 
retire. 

The  impressions  with  which  I  first  undertook  the  arduous  trust 
were  explained  on  the  proper  occasion.  In  the  discharge  of  this 
trust,  I  will  only  say,  that  I  have  with  good  intentions  contributed  to- 
wards the  organization  and  administration  of  the  Government  the 
best  exertions  of  which  a  very  fallible  judgment  was  capable.  Not 
unconscious  in  the  outset  of  the  inferiority  of  my  qualifications,  ex- 
perience, in  my  own  eyes — perhaps  still  more  in  the  eyes  of  others — 
has  strengthened  the  motives  to  diffidence  of  myself;  and  every  day 
the  increasing  weight  of  years  admonish  me,  more  and  more,  thai; 
the  shade  of  retirement  is  as  necessary  to  me  as  it  will  be  welcome, 
Satisfied  that  if  any  circumstances  have  given  peculiar  value  to  my 
services,  they  were  temporary,  I  have  the  consolation  to  believe  that, 
while  choice  and  prudence  invite  me  to  quit  the  political  scene,  patri- 
otism does  not  forbid  it. 

In  looking  forward  to  the  moment  which  is  intended  to  terminate 
the  career  of  my  public  life,  my  feelings  do  not  permit  me  to  suspend 
the  deep  acknowledgment  of  that  debt  of  gratitude  which  I  owe  to 
my  beloved  country  for  the  many  honors  it  has  conferred  upon  me; 
still  more  for  the  steadfast  confidence  with  which  it  has  supported 
me;  and  for  the  opportunities  I  have  thence  enjoyed  of  manifesting 
my  inviolable  attachment,  by  services  faithful  and  persevering, 
though  in  usefulness  unequal  to  my  zeal.  If  benefits  have  resulted 
to  our  country  from  these  services,  let  it  always  be  remembered  to 
your  praise,  and  as  an  instructive  example  in  our  annals,  that,  under 
circumstances  in  which  the  passions,  agitated  in  every  direction,  were 
liable  to  mislead;  amidst  appearances  sometimes  dubious,  vicissitudes 
of  fortune  often  discouraging;  in  situations  in  which,  not  unfrequent 
}y,  want  of  success  has  countenanced  the  spirit  of  criticism, — the  coa- 
stancy  of  your  support  was  the  essential  prop  of  the  efforts,  and  a 
guarantee  of  the  plans,  by  which  they  were  effected.  Profoundly 
penetrated  with  this  idea,  I  shall  carry  it  with  me  to  my  grave,  as  a 
strong  incitement  to  unceasing  vows,  that  Heaven  may  continue  to 
you  the  choicest  tokens  of  its  beneficence;  that  your  union  and  broth- 
erly affection  may  be  perpetual;  that  the  free  Constitution,  which  is 
the  work  of  your  hands,  may  be  sacredly  maintained;  that  its  ad 
ministration,  in  every  department,  may  be  stamped  with  wisdom  and 
virtue  ;  that,  in  fine,  the  happiness  of  the  people  of  these  states,  under 
the  auspices  of  liberty,  may  be  made  complete,  by  so  careful  a  pree 
ervation  and  so  prudent  a  use  of  this  blessing  as  will  acquire  to  them. 
the  glory  of  reeomnundino-  it  to  the  applause,  the  affection,  and  the 
adoption  of  every  nation  which  is  yet  a  stranger  to  it. 

Here,  perhaps,  I  ought  to  stop;  but  a  solicitude  for  your  welfare. 


09 


which  eannot  end  but  with  my  life,  and  the  apprehension  of  danger 
saturat  to  that  solicitude,  urge  me,  on  an  occasion  like  the  present,  to 
offer  to  your  solemn  contemplation,  and  to  recommend  to  your  fre- 
quent review,  some  sentiments,  which  are  the  result  of  much  reflec- 
tioa,  of  no  inconsiderable  observation,  and  which  appear  to  me  all- 
important  to  the  permanency  of  your  felicity  as  a  people.  These 
will  be  offered  to  you  wiih  the  more  freedom,  as  you  can  only  see 
ia  them  the  disinterested  warnings  of  a  parting  friend,  who  can  pos- 
sibly have  no  personal  motive  to  bias  his  counsel :  nor  can  I  forget,  as 
an  encouragement  to  it,  your  indulgent  reception  of  my  sentiments 
on  a  former  and  not  dissimilar  occasion, 

Interwoven  as  is  the  love  of  liberty  with  every  ligament  of  your 
hearts,  no  recommendation  of  mine  is  necessary  to  fortify  or  confirm 
the  attachment. 

The  unity  of  government  which  constitute  you  one  people,  is  also 
now  dear  to  you.  It  is  justly  so;  for  it  is  a  main  pillar  in  the  edifice 
of  your  real  independence — the  support  of  you  r  tranquillity  at  home, 
your  peace  abroad,  of  your  safety,  of  your  prosperity,  of  that  very 
liberty  which  you  so  highly  prize.  But  as  it  is  easy  to  foresee  that, 
from  different  causes  and  from  different  quarters,  much  pains  will  be 
taken,  many  artifices  employed,  to  weaken  in  your  minds  the  convic- 
tion of  this  truth;  as  this  is  the  point  in  your  political  fortress  against 
■which  the  batteries  of  internal  and  external  enemies  will  be  most  con- 
stantly and  actively  (though  often  covertly  and  insidiously)  directed. 
— it  is  of  infinite  moment  that  you  should  properly  estimate  the  im- 
mense value  of  your  national  union  to  your  collective  and  individual 
happiness;  that  you  should  cherish  a  cordial,  habitual,  and  immova- 
ble attachment  to  it ;  accustoming  yourselves  to  think  and  speak  of  it 
as  of  the  palladium  of  your  political  safety  and  prosperity:  watching 
for  its  preservation  with  jealous  anxiety :  discountenancing  whatever 
may  suggest  even  a  suspicion  that  it  can,  in  any  event,  be  abandoned  : 
and  indignantly  frowning  upon  the  first  dawning  of  every  attempt  to 
alienate  any  portion  of  our  country  from  the  rest,  or  to  enfeeble  the 
•sacred  ties  which  now  link  together  the  various  parts. 

For  this  you  have  every  inducement  of  sympathy  and  interest. — 
Citizens  by  birth  or  choice,  of  a  common  country,  that  country  has 
a  right  to  concentrate  your  affections.  The  name  of  American,  which 
belongs  to  you  in  your  national  capacity,  must  always  exalt  the  just 
pride  of  patriotism,  more  than  any  appellation  derived  from  local  dis- 
criminations. With  slight  shades  of  difference,  you  have  the  same  re- 
ligion, manners,  habits,  and  political  principles.  You  have,  in  a. 
common  cause,  fought  and  triumphed  together :  the  independence  and 
liberty  you  possess  are  the  work  of  joint  counsels  and  joint  efforts,  of 
common  dangers,  sufferings,  and  successes. 

But  these  considerations,  however  powerfully  they  address  them- 
selves to  your  sensibility,  are  greatly  outweighed  by  those  which  ap- 
ply more  immediately  to  your  interest:  here  every  portion  of  our 


70 


country  finds  the  most  commanding  motives  for  carefully  guarding 
and  preserving  the  union  of  the  whole. 

The  North,  in  an  unrestrained  intercourse  with  the  South,  protected 
by  the  equal  laws  of  a  common  government,  finds,  in  the  productions 
of  the  latter,  great  additional  resources  of  maritime  and  commercial 
enterprise,  and  precious  materials  of  manufacturing  industry.  The 
South,  in  the  same  intercourse,  benefitting  by  the  agency  of  the  North, 
sees  its  agriculture  grow,  and  its  commerce  expand.  Turning  partly 
into  its  own  channels  the  seamen  of  the  North,  it  finds  its  particular, 
navigation  invigorated ;  and  while  it  contributes,  in  different  ways, 
to  nourish  and  increase  the  general  mass  of  the  national  navigation, 
it  looks  forward  to  the  protection  of  a  maritime  strength  to  which 
itself  is  unequally  adapted.  The  East,  in  like  intercourse  with  the 
West,  already  finds,  and  in  the  progressive  improvement  of  interior 
communication,  by  land  and  water,  will  more  and  more  find,  a  valua- 
ble vent  for  the  commodities  which  it  brings  from  abroad,  or  manu- 
factures at  home.  The  West  derives  from  the  East  supplies  requisite 
to  its  growth  and  comfort;  and  what  is  perhaps  of  still  greater  con- 
sequence, it  must,  of  necessity,  owe  the  secure  enjoyment  of  indispen- 
sable outlets  for  its  own  productions,  to  the  weight,  influence,  and  the 
future  maritime  strength  of  the  Atlantic  side  of  the  Union,  directed 
by  an  indissoluble  community  of  interest  as  one  nation.  Any  other 
tenure  by  which  the  West  can  hold  this  essential  advantage,  whether 
derived  from  its  own  separate  strength,  or  from  an  apostate  and  unnat- 
ural connexion  with  any  foreign  power,  must  be  intrinsically 
precarious. 

While,  then,  every  part  of  our  country  thus  feels  an  immediateand 
particular  interest  in  union,  all  the  parts  combined  cannot  foil  to  find, 
in  the  united  mass  of  means  and  efforts,  greater  strength,  greater 
resource,  proportionably  greater  security  from  external  danger,  a  less 
frequent  interruption  of  their  peace  by  foreign  nations;  and  what  is 
of  inestimable  value,  they  must  derive  from  union  an  exemption  from 
those  broils  and  wars  between  themselves,  which  so  frequently  afflict 
neighboring  countries,  not  tied  together  by  the  same  government; 
which  their  own  rivalship  alone  would  be  sufficient  to  produce,  but 
which  opposite  foreign  alliances,  attachments,  and  intrigues,  would 
stimulate  and  imbitter.  "  Hence,  likewise,  they  will  avoid  the  neces- 
sity of  those  over-grown  military  establishments,  which,  under  any 
form  of  o-overnment,  are  inauspicious  to  liberty,  and  which  are  to  be 
regarded  as  particularly  hostile  to  republican  liberty;  in  this  sense 
it  is  that  your  union  ought  to  be  considered  as  a  main  prop  of  your 
liberty,  and  that  the  love  of  the  one  ought  to  endear  to  you  the  pres- 
ervation of  the  other. 

These  considerations  speak  a  persuasive  language  to  every  reflect- 
ing and  virtuous  mind,  and  exhibit  the  continuance  of  the  Union 
as  a  primary  object  of  patriotic  desire.  Is  there  a  doubt,  whether 
a  common  government  can  embrace  so  large  a  sphere  ?  Let  experi- 
ence solve  it.    To  listen  to  mere  speculation,  in  such  a  case,  were 


71 


criminal.  We  are  authorized  to  hope,  that  a  proper  organization  of 
the  whole,  with  the  auxiliary  agency  of  governments  for  the  respec- 
tive subdivisions,  will  afford  a  happy  issue  to  the  experiment.  It  is 
well  worth  a  fair  and  full  experiment.  With  such  powerful  and  ob- 
vious motives  to  Union,  affecting  all  parts  of  our  country,  while  expe- 
rience shall  not  have  demonstrated  its  impracticability,  there  will 
always  be  reason  to  distrust  the  patriotism  of  those,  who,  in  any 
quarter,  may  endeavor  to  weaken  its  bands. 

In  contemplating  the  causes  which  may  disturb  our  Union,  it 
occurs,  as  a  matter  of  serious  concern,  thai  any  ground  should  have 
been  furnished  for  characterizing  parties  by  geographical  discrimina- 
tions— Northern  and  Southern — Atlantic  and  Western:  whence 
designing  men  may  endeavor  to  excite  a  belief  that  there  is  a^real 
difference  of  local  interests  and  views.  One  of  the  expedients  of  party 
to  acquire  influence  within  particular  districts,  is  to  misrepresent  the 
opinions  and  aims  of  other  districts.  You  cannot  shield  yourselves 
too  much  against  the  jealousies  and  heart-burnings  which  spring  from 
these  misrepresentations;  they  tend  to  render  alien  from  each  other 
those  who  ought  to  be  bound  together  by  fraternal  affection.  The 
inhabitants  of  our  western  country  have  lately  had  a  useful  lesson  on 
this  head :  they  have  seen  the  negotiation  by  the  Executive,  and  in  the 
unanimous  ratification  by  the  Senate,  of  the  treaty  with  Spain,  and 
in  the  universal  satisfaction  at  that  event  throughout  the  United  States, 
a  decisive  proof  how  unfounded  were  the  suspicions  propagated 
among  them,  of  a  policy  in  the  General  Government,  and  in  the  At- 
lantic States,  unfriendly  to  their  interests  in  regard  to  the  Mississippi : 
they  have  been  witnesses  to  the  formation  of  two  treaties — that  with 
Great  Britain,  and  that  with  Spain,  which  secure  to  them  every  thing 
they  could  desire  in  respect  to  our  foreign  relations,  towards  confirm- 
ing their  prosperity.  Will  it  not  be  their  wisdom  to  rely  for  the 
preservation  of  these  advantages  on  the  Union  by  which  they  were 
procured  ?  Will  they  not  henceforth  be  deaf  to  those  advisers,  if  such 
there  are,  who  would  sever  them  from  their  brethren,  and  connect 
chern  with  aliens? 

To  the  efficacy  and  permanency  of  your  Union,  a  Government  for 
the  whole  is  indispensable.  No  alliance,  however  strict  between  the 
parts,  can  be  an  adequate  substitute;  they  must  inevitably  experience 
the  infractions  and  interruptions  which  all  alliances,  in  all  time,  have 
experienced.  Sensible  to  this  momentous  truth,  you  have  improved 
upon  your  first  essay,  by  the  adoption  of  a  Constitution  of  Govern- 
ment better  calculated  than  your  former  for  an  intimate  Union,  and 
for  the  efficacious  management  of  your  common  concerns,  This 
Government,  the  offspring  of  our  own  choice,  uninfluenced  and  nn- 
awed,  adopted  upon  full  investigation  and  mature  deliberation,  com- 
pletely free  in  its  principles,  in  the  distribution  of  its  powers,  uniting 
security  with  energy,  and  containing  within  itself  a  provision  for  its 
own  amendment,  has  a  just  claim  to  your  confidence  and  your  sup- 
port.   Respect  for  its  authority,  compliance  with  its  laws,  acquies- 

f 


72 


eence  in  its  measures,  are  duties  enjoined  by  the  fundamental  maxims 
of  true  liberty.  The  basis  of  our  political  systems,  is  the  right  of 
the  people  to  make  and  to  alter  their  constitutions  of  Government: 
but  the  Constitution  which  at  any  time  exists,  till  changed  by  an  ex- 
plicit and  authentic  act  of  the  whole  people,  is  sacredly  obligatory 
upon  all.  The  very  idea  of  the  power,  and  the  right  of  the  people 
to  establish  Government,  pre-supposes  the  duty  of  every  individual  to 
obey  the  established  Government. 

All  obstructions  to  the  execution  of  the  laws,  all  combinations  and 
associations,  under  whatever  plausible  character,  with  the  real  design 
to  direct,  control,  counteract,  or  awe  the  regular  deliberation  and  ac- 
tion of  the  constituted  authorities,  are  destructive  to  this  fundamental 
principle,  and  of  fatal  tendency.  They  serve  to  organize  faction,  to 
give  it  an  artificial  and  extraordinary  force,  to  put  in  the  place  of  the 
delegated  will  of  the  nation,  the  will  of  a  party,  often  a  small  but 
artful  and  enterprising  minority  of  the  community  :  and,  according 
to  the  alternate  triumphs  of  different  parties,  to  make  the  public  ad- 
ministration the  mirror  of  the  ill-concerted  and  incongruous  projects 
of  faction,  rather  than  the  organ  of  consistent  and  wholesome  plans, 
digested  by  common  counsels,  and  modified  by  mutual  interests. 

However  combinations  or  associations  of  the  above  description 
may  now  and  then  answer  popular  ends,  they  are  likely,  in  the  course 
of  time  and  things,  to  become  potent  engines,  by  which  cunning,  am- 
bitious, and  unprincipled  men,  will  be  enabled  to  subvert  the  power  of 
the  people,  and  to  usurp  for  themselves  the  reins  of  Government;  des- 
troying, afterwards,  the  very  engines  which  had  lifted  them  to  unjust 
dominion. 

Towards  the  preservation  of  your  Government,  and  the  perma- 
nency of  your  present  happy  state,  it  is  requisite,  not  only  that  you 
steadily  discountenance  irregular  oppositions  to  its  acknowledged  au- 
thority, but  also  that  you  resist  with  care  the  spirit  of  innovation  upon 
its  principles,  however  specious  the  pretexts.  One  method  of  assault 
may  be  to  effect,  in  the  forms  of  the  Constitution,  alterations  which 
will  impair  the  energy  of  the  system,  and  thus  to  undermine  what 
cannot  be  directly  overthrown.  In  all  the  changes  to  which  you 
may  be  invited,  remember  that  time  and  habit  are  at  least  as  necessary 
to  fix  the  true  character  of  governments  as  of  other  human  institutions; 
that  experience  is  the  surest  standard  by  which  to  test  the  real  tenden- 
cy of  the  existing  constitution  of  a  country;  that  facility  in  changes, 
upon  the  credit  of  mere  hypothesis  and  opinion,  exposes  to  perpetual 
change,from  the  endless  variety  of  hypothesi'3  and  opinion;  and  remem- 
ber, especially,  that  for  the  efficient  management  of  your  common  in- 
terests,in  a  country  so  extensive  as  ours,  a  Government  of  as  much  vig- 
or as  is  consistent  with  the  perfect  security  of  liberty,  is  indispensable. 
Liberty  itself  will  find  in  such  a  Government,  with  powers  properly 
distributed  and  adjusted,  its  surest  guardian.  It  is,  indeed,  little  else 
than  a  name,  where  the  Government  is  too  feeble  to  withstand  the 
enterprises  of  faetion,  to  confine  each  member  of  the  society  within 


73 

ihe  limits  prescribed  by  the  laws,  and  to  maintain  all  in  the  secure 
and  tranquil  enjoyment  of  the  rights  of  person  and  propertr. 

I  have  already  intimated  to  you  the  danger  of  parties  in  the  State, 
"with  particular  reference  to  the  founding  of  them  on  geographical 
discriminations.  Let  me  now  take  a  more  comprehensive  view, 
and  warn  you,  in  the  most  solemn  manner,  against  the  baneful 
effects  of  the  spirit  of  party  generally. 

This  spirit,  unfortunately,  is  inseparable  from  our  nature,  having 
is  root  in  the  strongest  passions  of  the  human  mind.    It  exists  un- 
der  different  shapes,  in  all  Governments,  more  or  less  stifled,  con- 
trolled, or  repressed  ;  but  in  those  of  the  popular  form  it  is  seen  in 
its  greatest  rankness,  and  is  truly  their  worst  enemy. 

The  alternate  domination  of  one  faction  over  another,  sharpened 
by  the  spirit  of  revenge,  natural  to  party  dissension,  which,  in  dif- 
ferent ages  and  countries,  has  perpetrated  the  most  horrid  enormi- 
ties, is  itself  a  frightful  despotism.  But  this  leads,  at  length,  to  a 
more  formal  and  permanent  despotism.  The  disorders  and  miseries 
which  result,  gradually  incline  the  minds  of  men  to  seek  security 
and  repose  in  the  absolute  power  of  an  individual ;  and,  sooner  or 
later,  the  chief  of  some  prevailing  faction,  more  able  or  more  fortu- 
nate than  his  competitors,  turns  this  disposition  to  the  purposes  of 
"his  own  elevation  on  the  ruins  of  public  liberty. 

Without  looking  forward  to  any  extremity  of  this  kind,  (which, 
nevertheless,  ought  not  to  be  entirely  out  of  sight,)  the  common  and 
continual  mischiefs  of  the  spirit  of  party  are  sufficient  to  make  it  the 
interest  and  duty  of  a  wise  people  to  discourage  and  restrain  it. 

It  serves  always  to  distract  the  public  councils,  and  enfeeble  the 
public  administration.  It  agitates  the  community  with  ill-founded, 
jealousies  and  false  alarms  ;  kindles  the  animosity  of  one  part  against 
another  ;  foments,  occasionally,  riot  and  insurrection.  It  opens  the 
door  to  foreign  influence  and  corruption,  which  find  a  facilitated 
access  to  the  Government  itself,  through  the  channels  of  party  pas- 
sions; Thus  the  policy  and  the  will  of  one  country  are  subjected 
w  the  policy  and  will  of  another. 

There  is  an  opinion  that  parties,  in  free  countries,  are  useful  checks 
upon  the  administration  of  the  Government,  and  serve  to  keep 
alive  the  spirit  of  liberty.  This,  within  certain  limits,  is  probably 
true  ;  and  in  Governments  of  a  monarchical  cast,  patriotism  may 
look  with  indulgence,  if  not  with  favor,  upon  the  spirit  of  party. 
But  in  those  of  the  popular  character,  in  Governments  purely  elec- 
tive, it  is  a  spirit  not  to  be  pncouraged.  From  their  natural  ten- 
dency, it  is  certain  there  will  always  be  enough  of  that  spirit  for 
every  salutary  purpose.  And  there  being  constant  danger  of  excess, 
the  effort  ought  to  be,  by  force  of  public  opinion,  to  mitigate  and 
assuage  it.  A  fire  not  to  be  quenched,  it  demands  a  uniform  vigi- 
lance to  prevent  its  bursting  into  a  flame,  lest,  instead  of  warming, 
it  should  consume. 

It  is  important,  likewise,  that  the  habits  of  thinking,  in  a  free 


74 

country ,  should  inspire  caution  in  those  intrusted  with  its  adminis- 
tration, to  confine  themselves  within  their  respective  constitutional 
spheres,  avoiding,  in  the  exercise  of  the  powers  of  one  department, 
to  encroach  upon  another.  The  spirit  of  encroachment  tends  to 
consolidate  the  powers  of  all  the  departments  in  one,  and  thus  to 
create,  whatever  the  form  of  Government,  a  real  despotism.  A 
just  estimate  of  that  love  of  power,  and  proneness  to  abuse  it  which 
predominates  in  the  human  heart,  is  sufficient  to  satisfy  us  of  the 
truth  of  this  position.  The  necessity  of  reciprocal  checks  in  the 
exercise  of  political  power,  by  dividing  and  distributing  it  into  dif- 
ferent depositories,  and  constituting  each  the  guardian  of  the  public 
weal,  against  invasions  by  the  others,  has  been  evinced  by  experi- 
ments, ancient  and  modern  ;  some  of  them  in  our  own  country,  and 
under  our  own  eyes.  To  preserve  them  must  be  as  necessary  as  to 
institute  them.  If,  in  the  opinion  of  the  people,  the  distribution  or 
modification  of  the  constitutional  powers  be,  in  any  particular, 
wrong,  let  it  be  corrected  by  an  amendment  in  the  way  which  the 
Constitution  designates.  But  let  there  be  no  change  by  usurpa- 
tion ;  for  though  this,  in  one  instance,  may  be  the  instrument  of 
good,  it  is  the  customary  weapon  by  which  free  Governments  are 
destroyed.  The  precedent  must  always  greatly  overbalance,  in 
permanent  evil,  any  partial  or  transient  benefit  which  the  use  can7 
at  any  time,  yield. 

Of  all  the  dispositions  and  habits  which  lead  to  political  prosper- 
ity, religion  and  morality  are  indispensable  supports.  In  vain  would 
that  man  claim  the  tribute  of  patriotism,  who  should  labor  to  sub- 
vert these  great  pillars  of  human  happiness,  these  firmest  props  of 
the  duties  of  men  and  citizens.  The  mere  political!,  equally  with 
the  pious  man,  ought  to  respect  and  cherish  them.  A  volume  could 
not  trace  all  their  connexions  with  private  and  public  felicity.  Let- 
it  simply  be  asked,  where  is  the  security  for  property,  for  reputa- 
tion, for  life,  if  the  sense  of  religious  obligation  desert  the  oaths 
which  are  the  instruments  of  investigation  in  courts  of  justice  ? 
And  let  us  with  caution  indulge  the  supposition,  that  morality  can 
be  maintained  without  religion.  Whatever  may  be  conceded  to 
the  influence  of  refined  education  on  minds  of  peculiar  structure, 
reason  and  experience  both  forbid  us  to  expect  that  national  morali- 
ty can  prevail  in  exclusion  of  re?igious  principles- 
It  is  substantially  true,  that  virtue  or  morality  is  a  necessary 
spring  of  popular  Government.  The  rule,  indeed,  extends  with 
more  or  less  force  to  every  species  of  free  Government.  Who,  that 
is  a  sincere  friend  to  it,  can  look  with  indifference  upon  attempts 
to  shake  the  foundation  of  the  fabric  ? 

Promote,  then,  as  an  object  of  primary  importance,  institutions 
for  the  general  diffusion  of  knowledge.  In  proportion  as  the  struc- 
ture of  a  Government  gives  force  to  public  opinion,  it  is  essential 
that  public  opinion  should  be  enlightened. 

As  a  very  important  source  of  strength  and  security,  cherish 


75 


public  credit.  One  method  of  preserving  it  is  to  use  it  as  sparinglv 
as  possible;  avoiding  occasions  of  expense  by  cultivatingpeace,  but 
remembering  also  that  timely  disbursements  to  prepare  for  danger, 
frequently  prevent  much  greater  disbursements  to  repel  it ;  avoid- 
ing, likewise,  the  accumulation  of  debt,  not  only  by  shunning  oc- 
casions of  expense,  but  by  vigorous  exertions  in  time  of  peace  to 
discharge  the  debts  which  unavoidable  wars  may  have  occasioned  ; 
not  ungenerously  throwing  upon  posterity  the  burden  which  we 
ourselves  ought  to  bear.  The  execution  of  these  maxims  belongs 
to  your  representatives,  but  it  is  necessary  that  public  opinion  should 
co-operate.  To  facilitate  to  them  the  performance  of  their  duty,  it 
is  essential  that  you  should  practically  bear  in  mind,  that  towards 
the  payment  of  debts  there  must  be  revenue  ;  that  to  have  revenue 
there  must  be  taxes:  that  no  taxes  can  be  devised,  which  are  not 
more  or  less  inconvenient  and  unpleasant ;  that  the  intrinsic  embar- 
rassment inseparable  from  the  selection  of  the  proper  objects/ which 
is  always  a  choice  of  difficulties,)  ought  to  be  a  decisive  motive  for 
a  candid  construction  of  the  conduct  of  the  Government  in  making 
it,  and  for  a  spirit  of  acquiescence  in  the  measures  of  obtaining  rev- 
enue, which  the  public  exigencies  "may  at  any  time  dictate. 

Observe  good  faith  and  justice  towards  ail  nations ;  cultivate 
peace  and  harmony  with  all  ;  religion  and  morality  enjoin  this  con- 
duct ;  and  can  it  be  that  good  policy  does  not  equally  enjoin  it ?  It 
will  be  worthy  of  a  free,  enlightened,  and,  at  no  distant  period,  a 
great  nation,  to  give  to  mankind  the  magnanimous  and  too  novel 
example  of  a  people  always  guided  by  an  exalted  justice  and  be- 
nevolence. Who  can  doubt  that,  in  the  course  of  time  and  things, 
the  fruits  of  such  a  plan  would  richly  repay  any  temporary  advan- 
tages which  might  be  lost  by  a  steady  adherence  to  it  ?  Can  it  be 
that  Providence  has  not  connected  the  permanent  felicity  of  a  nation 
with  its  virtue  ?  The  experiment,  at  least,  is  recommended  by 
every  sentiment  which  ennobles  human  nature.  Alas  1  is  it  ren- 
dered impossible  by  its  vices  ? 

In  the  execution  of  such  a  plan,  nothing  is  more  essential  than 
that  permanent  inveterate  antipathies  against  particular  nations,  and 
passionate  attachments  for  others,  should  be  excluded  ;  and  that,  in 
place  of  them,  just  and  amicable  feelings  towards  all  should  be  cul- 
tivated. The  nation  which  indulges  towards  another  an  habitual 
hatred,  or  an  habitual  fondness,  is,  in  some  degree,  a  slave.  It  is  a 
slave  to  its  animosity  or  to  its  affection  ;  either  of  which  is  sufficient 
to  lead  it  astray  from  its  duty  and  its  interest.  Antipathy  in  one 
nation  against  another,  disposes  each  more  readily  to  offer  insult  and 
injury,  to  lay  hold  of  slight  causes  of  umbrage,  and  to  be  haughty 
and  intractable,  when  accidental  or  trilling  occasions  of  dispute  oc- 
cur. Hence  frequent  collisions,  obstinate,  envenomed,  and  bloody 
contests.  The  nation,  prompted  by  ill  will  and  resentment,  some- 
times impels  to  war  the  Government,  contrary  to  the  best  calcula- 
tions of  policy .    The  Government  sometimes  participates  in  the 


76 


national  propensity,  and  adopts,  through  passion,  what  reason 
would  reject ;  at  other  times  it  makes  the  animosity  of  the  natioa 
subservient  to  projects  of  hostility,  instigated  by  pride,  ambition, 
and  other  sinister  and  pernicious  motives.  The  peace  often,  some- 
times perhaps  the  liberty,  of  nations  has  been  the  victim. 

So,  likewise,  a  passionate  attachment  of  one  nation  to  another 
produces  a  variety  of  evils.  Sympathy  for  the  favorite  nation,  fa- 
cilitating the  illusion  of  an  imaginary  common  interest,  in  cases 
where  no  real, common  interest  exists,  and  infusing  into  one  the  en- 
mities of  the  other,  betrays  the  former  into  a  participation  in  the 
quarrels  and  wars  of  the  latter,  without  adequate  inducement  or 
justification.  It  leads  also  to  concessions  to  the  favorite  nation  of 
privileges  denied  to  others,  which  is  apt  doubly  to  injure  the  nation 
making  the  concessions  ;  by  unnecessarily  parting  with  what  ought 
to  have  been  retained,  and  by  exciting  jealousy,  ill  will,  and  a  dis- 
position to  retaliate,  in  the  parties  from  whom  equal  privileges  are 
withheld  ;  and  it  gives  to  ambitious,  corrupted,  or  deluded  citizens 
(who  devote  themselves  to  the  favorite  nation)  facility  to  betray, 
or  sacrifice  the  interest  of  their  own  country,  without  odium  ; 
sometimes  even  with  popularity  ;  gilding  with  the  appearance  of  a 
virtuous  sense  of  obligation,  a  commendable  deference  for  public 
opinion,  or  a  laudable  zeal  for  public  good,  the  base  or  foolish  com- 
pliances of  ambition,  corruption,  or  infatuation. 

As  avenues  to  foreign  influence  in  innumerable  ways,  such  at- 
tachments are  particularly  alarming  to  the  truly  enlightened  and 
independent  patriot.  How  many  opportunities  do  they  afford  to 
tamper  with  domestic  factions,  to  practice  the  art  of  seduction,  to 
mislead  public  opinion,  to  influence  or  awe  the  public  councils  i 
Such  an  attachment  of  a  small  or  weak,  towards  a  great  and  power- 
ful nation,  dooms  the  former  to  be  the  satellite  of  the  latter. 

Against  the  insidious  wiles  of  foreign  influence  (I  conjure  you  to 
believe  me,  fellow-citizens)  the  jealousy  of  a  free  people  ought  to 
be  constantly  awake  ;  since  history  and  experience  prove  that  for- 
eign influence  is  one  of  the  most  baneful  foes  of  republican  Govern- 
ment. But  that  jealousy,  to  be  useful,  must  be  impartial;  else  it 
becomes  the  instrument  of  the  very  influence  to  be  avoided,  instead 
of  a  defence  against  it.  Excessive  partiality  for  one  foreign  nation, 
and  excessive  dislike  for  another,  cause  those  whom  they  actuate  to 
see  danger  only  on  one  side,  and  serve  to  veil,  and  even  second, 
the  arts  of  influence  on  the  other.  Real  patriots,  who  may  resist 
the  intrigues  of  the  favorite,  are  liable  to  become  suspected  and 
odious  ;  while  its  tools  and  dupes  usurp  the  applause  and  confidence 
of  the  people,  to  surrender  their  interests. 

The  great  rule  of  conduct  for  us,  in  regard  to  foreign  nations,  is, 
m  extending  our  commercial  relations,  to  have  with  them  as  little 
political  connexion  as  possible.  So  far  as  we  have  already  formed 
engagements,  let  them  be  fulfilled  with  perfect  good  faith.  Here  let 
us  stop. 


77 

Europe  has  a  set  of  primary  interests,  which  to  us  have  Bone,  or 
a  very  remote  relation.  Hence  she  must  be  engaged  in  frequent 
controversies,  the  cause  of  which  are  essentially  foreign  to  our  con- 
cerns. Hence,  therefore,  it  must  be  unwise  in  us  to  implicate  our- 
selves, by  artificial  ties,  in  the  ordinary  vicissitudes  of  her  politics, 
or  the  ordinary  combinations  and  collisions  of  her  friendships  or 
enmities. 

Our  detached  and  distant  situation  invites  and  enables  us  to  pur- 
sue a  different  course.  If  we  remain  one  people,  under  an  efficient 
Government,  the  period  is  not  far  off  when  we  may  defy  material 
injury  from  external  annoyance  ;  when  we  may  take  such  an  atti- 
tude as  will  cause  the  neutrality  we  may  at  any  time  resolve  upoe, 
to  be  scrupulously  respected  ;  when  belligerent  nations,  under  the 
impossibility  of  making  acquisitions  upon  us,  will  not  lightly  hazard 
the  giving  us  provocation  ;  when  we  may  choose  peace  or  war,  as 
our  interest,  guided  by  justice,  shall  counsel. 

Why  forego  the  advantages  of  so  peculiar  a  situation  ?  Why  quit 
our  own  to  stand  upon  foreign  ground  ?  Why,  by  interweaving 
our*  destiny  with  that  of  any  part  of  Europe,  entangle  our  peace  and 
prosperity  in  the  toils  of  European*- ambition,  rivalship,  interest, 
humor,  or  caprice  ? 

It  is  our  true  policy  to  steer  clear  of  permanent  alliances  with  any 
portion  of  the  foreign  world  ;  so  far,  I  mean,  as  we  are  now  at  lib- 
erty to  do  it ;  for  let  me  not  be  understood  as  capable  of  patronising 
infidelity  to  existing  engagements.  I  hold  the  maxim  no  less  ap- 
plicable to  public  than  private  affairs,  that  honesty  is  always  the 
best  policy.  I  repeat  it,  therefore,  let  those  engagements  be  ob- 
served in  their  genuine  sense.  But,  in  my  opinion,  it  is  unneces- 
sary, and  would  be  unwise  to  extend  them.  ' 

Taking  care  always  to  keep  ourselves,  by  suitable  establishments, 
on  a  respectable  defensive  posture,  we  may  safely  trust  to  tempora- 
ry alliances  for  extraordinary  emergencies. 

Harmony,  and  a  liberal  intercourse  with  all  nations,  are  recom- 
mended by  policy,  humanity,  and  interest.  But  even  our  commer- 
cial policy  should  hold  an  equal  and  impartial  hand ;  neither  seek- 
ing nor  granting  exclusive  favors  or  preferences;  consulting  the 
natural  course  of  things  ;  diffusing  and  diversifying,  by  gentle  means, 
the  streams  of  commerce,  but  forcing  nothing ;  establishing,  witk 
powers  so  disposed,  in  order  to  give  trade  a  stable  course,  to  defies? 
the  rights  of  our  merchants,  and  to  enable  the  Government  to  sup- 
port them,  conventional  rules  of  intercourse,  the  best  that  present 
eircumstances  and  mutual  opinions  will  permit,  but  temporary,  and 
liable  to  be,  from  time  to  time,  abandoned  or  varied,  as  experience 
and  circumstances  shall  dictate  ;  constantly  keeping  in  view,  that  it 
is  folly  in  one  nation  to  look  for  disinterested  favors  from  another  : 
that  it  must  pay,  with  a  portion  of  its  independence,  for  whatever 
it  may  accept  under  that  character  ;  that  by  such  acceptance  it  may 


place  itself  in  the  condition  of  having  given  equivalents  for 
nominal  favors,  and  yet  of  being  reproached  with  ingratitude  for 
not  giving  more.  There  can  be  no  greater  error  than  to  expect, 
or  calculate  upon,  real  favors  from  nation  to  nation.  It  is  an  illu- 
sion which  experience  must  cure,  which  a  just  pride  ought  to 
discard. 

In  offering  to  you,  my  countrymen,  these  counsels  of  an  old  and 
affectionate  friend,  I  dare  not  hope  they  will  make  the  strong  and 
lasting  impression  I"  could  wish  ;  that  they  will  control  the  usual 
current  of  the  passions,  or  prevent  our  nation  from  running  the 
course  which  has  hitherto  marked  the  destiny  of  nations  ;  but  if  I 
may  even  flatter  myself  that  they  may  be  productive  of  some  par- 
tial benefit,  some  occasional  good  ;  that  they  may  now  and  then  recur 
to  moderate  the  fury  of  party  spirit,  to  warn  against  the  mischiefs 
of  foreign  intrigues,  to  guard  against  the  impostures  of  pretended 
patriotism  ;  this  hope  will  he  a  full  recompense  for  the  solicitude 
for  your  welfare  by  which  they  have  been  dictated. 

How  far,  in  the  discharge  of  my  official  duties,  I  have  been  guid- 
ed by  the  principles  which  have  been  delineated,  the  public  records, 
and  other  evidences  of  my  conduct,  must  witness  to  you  and  the 
world.  To  myself,  the  assurance  of  my  own  conscience  is,  that  I 
have  at  least  believed  myself  to  be  guided  by  them. 

In  relation  to  the  still  subsisting  war  in  Europe, my  proclamation 
of  the  22d  of  April,  1793,  is  the  index  of  my  plan.  Sanctioned 
by  your  approving  voice,  and  by  that  of  your  Representatives  in 
both  Houses  of  Congress,  the  spirit  of  that  measure  has  continually 
governed  me,  uninfluenced  by  any  attempts  to  deter  or  divert  me 
from  it. 

After  deliberate  examination,  with  the  aid  of  the  best  lights  I 
could  obtain,  I  was  well  satisfied  that  our  country,  under  all  the 
circumstances  of  the  case,  had  a  right  to  take,  and  was  bound  in 
duty  and  interest  to  take,  a  neutral  position.  Having  taken  it  I 
determined,  as  far  as  should  depend  upon  me,  to  maintain  it  with 
moderation,  perseverance,  and  firmness. 

The  considerations  which  respect  the  right  to  hold  this  conduct, 
it  is  not  necessary  on  this  occasion  to  detail.  I  will  only  observe, 
that,  according  to  my  understanding  of  the  matter,  that  right,  so 
far  from  being  denied  by  any  of  the  belligerent  powers,  has  been 
virtually  admitted  by  all. 

The  duty  of  holding  a  neutral  conduct  may  be  inferred,  without 
any  thing  more,  from  the  obligation  which  justice  and  humanity 
impose  on  every  nation,  in  cases  in  which  it  is  free  to  act,  to  main- 
tain inviolate  the  relations  of  peace  and  amity  towards  other  nations. 

The  inducements  of  interest,  for  observing  that  conduct,  will 
best  be  referred  to  your  own  reflections  and  experience.  With  me, 
a  predominent  motive  has  been  to  endeavor  to  gain  time  to  our 
country  to  settle  and  mature  its  yet  recent  institutions,  and  to 
progress,  without  interruption,  to  that  degree  of  strength  and 


79 


consistency  which  is  necessary  to  give  it,  humanly  speaking,  the 
command  ot  its  own  fortunes. 

Though  in  reviewing  the  incidents  of  my  administration,  I  am 
unconscious  of  intentional  error ;  I  am,  nevertheless,  too  sensible 
of  my  defects  not  to  think  it  probable  that  I  may  have  committed 
many  errors.  Whatever  they  may  be,  I  fervently  beseech  the  Al- 
mighty to  avert  or  mitigate  the  evils  to  which  they  may  tend.  I 
shall  also  carry  with  me  the  hope,  that  my  Country  will  never  cease 
to  view  them  with  indulgence  :  and  that,  after  forty-five  years  of 
my  life  dedicated  to  its  service  with  an  upright  zeal,  the  faults  of 
incompetent  abilities  will  be  consigned  to  oblivion,  as  myself  must 
soon  be  to  the  mansions  of  rest. 

Relying  on  its  kindness  in  this,  as  in  other  things,  and  actuated 
by  that  fervent  love  towards  it  which  is  so  natural  to  a  man  who 
views  in  it  the  native  soil  of  himself  and  his  progenitors  for  several 
generations,  I  anticipate,  with  pleasing  expectation,  that  retreat  in 
which  I  promise  myself  to  realize,  without  alloy,  the  sweet  enjoy- 
ment of  partaking,  in  the  midst  of  my  fellow-citizens,  the  benign 
influence  of  good  laws  under  a  free  Government — the  ever  favorite 
object  of  my  heart — and  the  happy  reward,  as  I  trust,  of  our  mutu- 
al cares,  labors,  and  dangers. 

GEORGE  WASHINGTON. 
United  Stater,  17th  September,  1796. 


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